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 December 31, 2008, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving), etc. at the Seoul Northern District Court on December 31, 2008, and on November 30, 2012, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) by the same court on November 30, 201, and was punished for drinking driving two or more occasions.

On July 31, 2017, the Defendant driven a cargo vehicle of 1 km Category B Ⅲ in front of the police box for the head of Heungsan, which is located at the rate of 237 per cent in Yangju-si, in the influence of alcohol at the rate of 0.062% during the blood transfusion, while under the influence of alcohol at around 21:55 on July 31, 2017.

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 of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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

1. Selection of imprisonment with prison labor chosen;

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 detection of the Defendant’s drinking driving with the reason of sentencing Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is the fourth time.

In addition, Article 148-2(1)1 of the Road Traffic Act, which intends to strictly punish a person who drives drinking at least twice the same time as this case, was applicable at the time when he/she was sentenced to a fine of seven million won in 2012.

Nevertheless, in addition, it is not possible to select a fine for driving of drinking in this case, which is again under the influence of drinking.

In the case of imprisonment, the minimum provision of the Road Traffic Act shall be punished by one year.

However, the time of the crime in the 2012 case and the instant case had been evisged at time, taking into account the fact that the alcohol concentration in the blood was not high at the time of the instant crime.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.