A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On December 31, 2004, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking) at the Suwon Flag Flag on December 31, 2004; a fine of three million won for the same crime, etc. at the Seoul Central District Court on January 10, 2006; a fine of three million won for the same crime at the Seoul East East East District Court on March 25, 2009; a fine of four million won for the same crime at the Seoul East East District Court on January 19, 2012; and a fine of four million won for the same crime at the Central District Court on February 15, 2013; and a suspended sentence of two years for one year for a violation of the Road Traffic Act (drinking) at the same court on February 15, 2013.

[2016 Highest 690] On February 18, 2016, the Defendant driven a C car under the influence of alcohol content of about 0.095% from the 3km section to the 1864th road of the same Eup/Myeon from the front apartment located in the Nam-do Incheon Metropolitan City, the Nam-do, the Namyang-si, the Nam-do, the Namyang-do, the Namnam-do.

[2016 Highest 1168] On March 4, 2016, the Defendant driven a C car under the influence of alcohol concentration of about 0.186% from around 400 meters to around 1412 at the same time, from the road front of the total angle in Geumyang-si, Geumyang-si, Geumyang-do.

Summary of Evidence

[2016 Highest 690]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (2016 order 1168);

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiry into the results of crackdown on driving alcohol [criminal records]

1. A written inquiry about criminal history;

1. Application of Acts and subordinate statutes, such as a report on investigation (the previous report and attachment of the decisions, etc.) and written judgments attached thereto;

1. Relevant Article and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor for any type of crime);

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant had been already punished for driving under drinking prior to committing a crime set forth in Article 38(1)2 and Article 50 of the same Act; (b) five times the period of punishment for driving under drinking; (c) among them, there was a history of being sentenced to suspended sentence; and (d) the period of punishment on February 18, 20