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

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

Punishment of the crime

[criminal power] On October 15, 2010, the Defendant was issued a summary order of 2010 high-level and 6959,000 won as a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on the same day, and was issued a summary order of 2010 high-level and 690,000 won as a fine of 1.5 million won for the same crime from the same support on the same day, and was sentenced to 6 months of imprisonment and 2 years of suspended execution from the same support on July 20, 201.

【Criminal Facts】

On April 15, 2019, at around 20:30, the Defendant driven the E 1 ton cargo vehicle while under the influence of alcohol 0.108% in the section of about 2km from the front of Kimcheon-si to the front of D located in C.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a statement on the result of control;

1. On-site photographs;

1. Previous convictions indicated in judgment: A statement on results of the control of drinking driving, a statement on criminal records, and application of Acts and subordinate statutes to investigation reports (a report on confirmation of criminal records of the same kind);

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, alcohol concentration in the blood of this case, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and all the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.