A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On June 29, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws at the Ulsan District Court on March 18, 2009, a fine of 1.0 million won for a violation of road traffic laws at the Ulsan District Court on January 6, 201, a violation of road traffic laws (driving) at the Ulsan District Court on January 6, 201, a violation of road traffic laws (non-licensed driving), a violation of the Road Traffic Act (non-licensed driving), and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. The Defendant was sentenced to a suspended sentence of 6 months.

【Around February 15, 2017, the Defendant driven a 1km B SP car from around 04:35 to around 0.117% alcohol level in the state of drinking during blood, and from the string distance of the rooftop in Ulsan-gu, Nam-gu to the front direction of the gas station in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an investigation report on actual condition, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of a driver placed at driving, or an investigation report ( initial action);

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following facts are considered: (a) the provision of Article 62-2 of the Criminal Act on the observation of protection and observation; (b) the provision of community service and the provision of an order to attend a lecture is highly likely to be criticized in that the driver himself/herself is aware of the possibility of an accident and the risk thereof; and (c) the Defendant, as seen in the criminal record, has already been sentenced to a suspended sentence of imprisonment for three-year driving under the influence of alcohol in 201; (d) the Defendant is already driving under the influence of alcohol in the instant case; (e) the instant provision is the fourth drinking; (e) the degree of alcohol concentration in blood is high; and (e) the Defendant was sentenced to a fine for a violation of the Road Traffic Act (unlicensed driving) in 209.