A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 18, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 18, 2007, and on May 26, 2015, the Defendant was sentenced to a suspended sentence of ten thousand won for the same crime, and the judgment became final and conclusive on January 12, 2016.

【Criminal Facts】

On July 25, 2016, at around 00:45, the Defendant, despite of the fact that he violated the provision on the prohibition of drinking alcohol driving twice, driven a DNA SM5 car under the influence of alcohol 0.127% alcohol concentration from the 1km section of approximately 1km from the front of the Samnam Hospital located in Dongdaemun-ro 82, Dongdaemun-gu Seoul, Dongdaemun-gu to the horizontal distance near the 373-ro, Dongdaemun-gu, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry about the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation of a suspect);

1. Taking into account the fact that the criminal defendant committed the instant crime during the period of suspended sentence for the reasons for sentencing of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Optional to Imprisonment) on the same criminal facts, and currently is under suspended sentence, while the criminal defendant committed the instant crime;