A defendant shall be punished by imprisonment for not less than eight months.

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 August 28, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on August 28, 2013, and on September 19, 2014, the Defendant was sentenced to a fine of three million won for the same crime, etc. at the same court and was punished for driving under drinking more than twice.

[Criminal facts] On June 28, 2017, the Defendant driven B Poter Cargo at the section of about five kilometers for the apartment complex, where the Defendant was under the influence of alcohol content of 0.165% in blood around 08:40, and where the Defendant was under the influence of alcohol content of 0.165% in front of the White-dong located in Daegu Northern-dong, Daegu Northern-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the number of times and time when the defendant was punished for the same kind of crime (the number of times and time when the defendant was punished for traffic-related crimes, including drinking driving, but was punished twice by a fine for the last ten years), and the degree of alcohol in the blood alcohol at the time of driving the drinking of this case, other factors indicated in the argument of this case, such as the defendant's age, sex, behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by considering the following factors.