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

[criminal history] On December 18, 2009, the Defendant issued a summary order of a fine of two million won to a violation of the Road Traffic Act at the Suwon Flag Flag Flag on December 18, 2009, and on May 17, 2017, the Defendant issued a summary order of a fine of five million won for a violation of the Road Traffic Act at the Suwon Flag Flag Flag on May 17, 201.

[ 범죄사실] 피고인은 2018. 7. 14. 23:25 경 자동차 운전면허가 취소된 상태임에도 혈 중 알코올 농도 0.200% 의 술에 취한 상태로 이천시 중리 천로 76에 있는 라온 팰리스 앞 도로에서부터 이천시 이섭 대천로 1180에 있는 이천 공구 사 앞 도로에 이르기까지 약 200m 구간에서 C 포르테 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

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

1. Correspondence to a request for appraisal, a written appraisal of alcohol during blood, and a report on the detection of the driver involved;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. In full view of the Defendant’s records of punishment for drinking alcohol driving on the grounds of sentencing under Article 62-2 of the Criminal Act and the Defendant’s motive for driving of drinking alcohol in this case as stated by an investigative agency, the Defendant appears to have high risk of repeating a crime because the alert for driving of ordinary drinking is not so large.

The fact that the accused is against the crime and there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, etc. of the accused are also the same.