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

On August 24, 2006, the Defendant was sentenced to a summary order of one million won or more due to a violation of road traffic laws in the Jeonju District Court’s Eup branch on August 24, 2006, and on November 12, 2009, the Defendant was sentenced to imprisonment for six months or two years due to a violation of road traffic laws in the same court.

On May 12, 2017, the Defendant driven B-wing truck under the influence of alcohol content of approximately 0.062% at a section of about 15km from the front of the current president of the Yellow River located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do to the front of the previous construction of the Gancheon-dong, Seocheon-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (suspects, previous and confirmations);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the reflection of errors and the performance of compliance driving);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;