A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal power] On August 10, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Seo-gu District Court's branch branch on August 10, 2007, and on June 29, 201, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

【Criminal Facts】

On September 28, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven a DNA track with approximately 45 km alcohol level of about 0.138%, while under the influence of alcohol level of about 0.138% from the front of the Defendant’s house in Daegu-gun, Daegu-gun, to the road located in the Gyeongbuk-gun, Gyeongbuk-do, Gyeongbuk-do, Gyeongcheon-do, Gyeongbuk-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, judgments, and copies of summary orders;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number of times and time when the defendant was punished for committing the same kind of crime, the blood alcohol concentration at the time of driving the instant case, and the drinking driving at the night on an expressway;

The danger of drinking driving has been realized by causing a traffic accident that shocks the side signs and guardrails, and other factors specified in the arguments of this case, such as family relation, economic circumstances, age of the defendant, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of various factors of sentencing as shown in the arguments of this case.