A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment on May 9, 200 with prison labor for a violation of road traffic law (drinking driving) in the leisure village support of the Suwon District Court on May 9, 2000; on May 28, 2003, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the original branch of the Chuncheon District Court on March 31, 2004; on March 16, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime; on March 29, 2010, the Defendant was issued a summary order of three million won of fine from the original branch of the Chuncheon District Court on September 24, 2010 to the same crime; and on September 24, 2010, the Defendant was issued a summary order of five million won of fine with the same crime.

【Criminal facts】 On October 8, 2017, the Defendant driven B Poter Cargo Vehicles on the front of the church of Niju who was under the influence of alcohol level of 0.190% during blood transfusion at the original city level of 0.190%.

Accordingly, although the defendant had been punished not less than twice as a crime of violating the Road Traffic Act, he was driving under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. Records of judgment: Application of inquiries about criminal history, response to inquiries, investigation reports (Attachment to such previous decisions, etc. related to criminal history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc. shall be determined as ordered by the observation of protection and the order of community service, the order of education, and the reason for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: the Defendant was punished on six occasions from around 200 to around 2010 by drinking, etc.