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 this judgment becomes final and conclusive.

Punishment of the crime

On October 26, 2006, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 3 million for the crime of violation of the Road Traffic Act, from the Seo branch court of the Daegu District Court on January 26, 2011 to a fine of KRW 3 million for the same crime, and from the Daegu District Court on August 12, 201 to a fine of KRW 5 million for the same crime, respectively.

피고인은 위와 같이 음주운전으로 2회 이상 처벌받은 전력이 있는데도, 2018. 12. 22. 00:02경 구미시 봉곡동에 있는 상호불상의 꼼장어식당 앞 도로에서 B아파트 C동 앞 도로까지 약 1km의 구간에서 혈중알코올농도 0.112%의 술에 취한 상태로 D SM520 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (in consideration of the previous record of drunk driving on five occasions, previous record of driving without obtaining a license three times, previous record of driving without obtaining a license, degree of drinking, etc.);

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (the fact that most of the previous convictions was before 10 years, and that there was no previous conviction exceeding the fine, etc.);

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation repeated);

1. Article 62-2 (1) of the Criminal Act for probation or an order to provide community service or attend lectures;