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 July 15, 2008, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (refence of measurement of drinking), a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (refence of drinking), a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (refence of drinking), and a summary order of KRW 6 million for the same court on July 7, 2014 for a crime of violating the Road Traffic Act (refence of drinking), etc.

Although there was a history of violating the provision prohibiting driving of alcohol twice or more as above, the Defendant, at around 11:05 on December 24, 2016, driven a B-beb vehicle under the influence of alcohol with approximately 0.05% alcohol concentration from the 2km section of approximately 1455-15 meters from the front side of the passenger apartment, which was located in the 145-1500 square meters of the front side of the two-way tin tin, in light of this, in violation of the provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 149-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant, at the time of committing the instant crime, was diving and diving after drinking alcohol.

In addition, alcohol concentration in blood was not high.

However, prior to the instant case, the Defendant had already been punished several times due to drinking and non-licensed driving, but again, the Defendant had been subject to the instant drinking again. Although it is favorable for the Defendant to have no criminal record heavier than a suspended sentence, the Defendant was unable to be subject to the punishment of a fine any longer due to repeated recidivism.

In addition, the age, family relationship, circumstances leading to the crime, attitude after the crime, etc. of the defendant.