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 June 7, 2011, the Defendant received a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 5 million won or more as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on September 3, 2015, respectively.

On November 19, 2018, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven a DNA-type car with a blood alcohol content of about 0.159% under the influence of alcohol at a section of about 1.5 km from Masan to Mancheon-si Mancheon-si Mancheon-si Mancheon-si (hereinafter “Mancheon-si”).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant conducts drinking driving repeatedly even though he/she had the record of being punished for drinking, as stated in the facts constituting the crime in the judgment, so it is necessary to strictly punish the defendant for the prevention of recidivism.

Although the Defendant alleged that he had driven on the way on which he had drinking alcohol and applied to the telecom for his own sake, such circumstance does not constitute a ground to justify driving under the influence of alcohol.

At the time, blood alcohol concentration is also high.

However, considering the favorable circumstances in which the defendant has no previous conviction or more than the suspended sentence.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, means and result, circumstances before and after the crime of this case, and other factors of sentencing as shown in the arguments of this case shall be determined as ordered.