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

[Criminal Power] On February 9, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Busan District Court, and on May 14, 2009, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same crime, etc. on the site of Suwon District Court on May 14, 2009 at least two occasions.

Criminal facts

On May 10, 2014, at around 00:15, the Defendant driven B Poter Cargo at a 20-meter section of the front road of Pyeongtaek-dong Hospital, Pyeongtaek-dong, Pyeongtaek-dong, under the influence of alcohol content of 0.175%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of his driving, and written appraisal of the blood alcohol concentration;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, confirmation of criminal records, and copies of written judgments;

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. Probation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has already been punished four times due to drinking driving, and in particular, despite the past record of the suspended sentence sentenced once, there is a need for strict punishment in light of the fact that the Defendant again committed the instant drinking driving crime.

A suspended sentence shall be imposed by taking account of various sentencing factors, including the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and the fact that the defendant was against himself/herself, and the representative engineer was not represented by the wind, and the background leading to this case, etc., but the suspended sentence shall be imposed on the condition of probation and long-term community service order in consideration of the criminal records, etc.