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] On April 9, 2009, the Defendant was sentenced to a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the Jeonju District Court, and on September 8, 2010, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (dacting driving) by the same court.

[2] On May 11, 2018, the Defendant, despite having been driving two times of drinking alcohol, was driving Cone Star Co., Ltd. under the influence of alcohol content of approximately 0.181% in the section of approximately 300 meters of alcohol in the direction of the 300-meter lower to the Haak Village located in the Haak-gun, Samdae-gun, Samwon-gun, Samwon-gun, the former Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report on confirmation of the same kind of force), and other relevant Acts and subordinate statutes;

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 Defendant for the reason of sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service and the provision of an order to attend a lecture, has a record of being punished three times or more due to drinking alcohol driving. Moreover, even though one of them was sentenced to a suspended sentence, the Defendant, despite having been sentenced to a suspended sentence, was engaged in driving of drinking at once, and the alcohol concentration in blood is relatively high.

However, the defendant is against the defendant, and there is no record of crime since 2010, and other circumstances shown in the arguments in this case, such as the age, sex, family relation, environment, circumstances after the crime, and results, shall be comprehensively considered, and the punishment as ordered shall be determined.