A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 7, 2007, the Defendant was sentenced to imprisonment for 8 months, suspended sentence 2 years, a fine of 1 million won for a violation of the Road Traffic Act in the Gwangju District Court's wooden branch on June 15, 201, and on January 12, 201, in the same court on January 12, 201, the Defendant violated Article 44 (1) of the Road Traffic Act after being sentenced to imprisonment for 4 months and for 1 year of suspended sentence on two or more occasions.

On March 30, 2015, at around 21:18, the Defendant driven a motor vehicle B, while under the influence of alcohol content of about 0.197% from the 5km section to the front road of the Port Office, as from the front of the swine Village cafeteria, which is located in the Yongama Agency, the Defendant driven a motor vehicle in the state of alcohol of about 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order is that the defendant has been punished several times for drunk driving before, and that the defendant once again drives under the influence of alcohol despite two times the previous records of the suspended sentence, and that the blood alcohol concentration is high, it is necessary to punish the defendant significantly.

However, the execution of a sentence is suspended on condition of probation and community service, considering the fact that the defendant seems to be guilty, the recidivism during the period of suspension of execution is not a second offense but a traffic accident, the defendant has no record of having been sentenced to imprisonment, and the defendant's age, character, conduct and family relationship, etc.