A defendant shall be punished by imprisonment for six 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 history] On July 29, 2010, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic law (driving alcohol), and on August 25, 2016, the Defendant received a summary order of KRW 1,500,000 as a crime of violating road traffic law (driving alcohol) in the Daegu District Court Kimcheon support on August 25, 2016. On May 16, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution, and the judgment became final and conclusive on May 24, 2017.

[2] Although Defendant 1 had been punished for driving under drinking more than twice as above, Defendant 2 driven BM5 vehicles under the influence of alcohol with approximately 0.138% alcohol concentration from the 50-meter section of 50 meters away from the blood alcohol level to the 500-dong-ro, Daegu City, in which the trade name in the vicinity of his arms located in Daegu-do on April 23, 2017 cannot be known, even though he had been punished for driving under drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver working at the main place, a report on the circumstances of the driver working at the main place and a report on the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (referring to the same type of force), summary information of the case, and application of the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment three times including imprisonment with labor for the same kind of crime.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is relatively high.

However, the defendant is re-convened with the crime of this case.

The defendant was sentenced to imprisonment for the same crime for about 14 years, which is all other crimes.