However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

【Criminal Records of Crimes】 On November 3, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) from the Busan District Court’s Branch Branch Branch, and KRW 2 million as a fine from the Daegu District Court on June 26, 2015 to the same crime.

【 범죄사실】 피고인은 2018. 1. 30. 02:50 경 대구 달성군 유가면에 있는 상호 불상의 식당 앞 도로에서 같은 면 테크노 북로에 있는 하나리 움 퀸즈 파크아파트 101동 지하 주차장에 이르기까지 약 400m 구간에서 혈 중 알코올 농도 0.145% 의 술에 취한 상태로 B 카니발 차량을 운전하였다.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to the previous history), and copies of summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case; the circumstances that the defendant does not have a traffic accident due to driving of the drinking of this case may have the record of being punished due to drinking, driving without a license, violation of road traffic laws, etc.; however, the defendant committed the crime of this case; the defendant committed the crime of this case; and the defendant's age, sex, behavior, environment, motive, means, means and result of the crime, circumstances after the crime, family relations, etc. shall be determined as ordered by taking into account all the sentencing conditions, including the alcohol concentration and the distance of driving under the blood alcohol