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.

Punishment of the crime

[Criminal History] Violation of the Road Traffic Act (Drinking in 2008): A fine of one million won for a violation of the Road Traffic Act (Drinking in 2010): A fine of two million won / [criminal facts] The Defendant was drunk in the state of alcohol level of 0.120% during blood, and around February 16, 2017, the Defendant driven a G SPke car at approximately 400 meters from the 40-meter section to the road at the front of the Hanwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, Nowon-gu, in the northwest of the Gowon-si, Nowon-gu, Seoul Special Metropolitan City, to the front of the SPP car located in the new village in the same case.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, and Articles 148-2 of the same Act and the imprisonment with prison labor;

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

1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year or suspended sentence, two years or more of course, 40 hours or community service: high blood level (0.120%) and accumulated previous convictions for the same kind of crime (i.e., two times or more of fines for violation of Road Traffic Act on one occasion of driving without permission for two times or more without permission for two times or more under the judgment): A confession, presumption of dismissal from work place, family members, etc.;