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 Road Traffic Act (Drinking in 2007): Fine of 2 million won for a violation of Road Traffic Act (Drinking in 2009): Fine of 2.5 million won / [criminal facts] The Defendant was under the influence of alcohol of 0.112% during blood, and around May 4, 2017, around 200 meters up to the road front of the future car maintenance station located in the same Dong on the roads of 53 Mono-do Kimhae-si, Kimhae-si.

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

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

1. The former sentence of sentence of Article 62-2 of the Criminal Act (in the event that sentencing guidelines are not set): Imprisonment with prison labor for one year or a suspended sentence of two years, community service and order to attend a lecture: Imprisonment with prison labor for one year or a suspended sentence of two years, community service and order to attend a lecture for 80 hours, and reasons for aggravating 40 hours: The highest blood alcohol concentration, the same criminal record and previous conviction (=one fine without prison labor for two previous years or less): Confession, etc.;