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 power] On June 19, 2012, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 12, 2014 to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On October 3, 2016, at around 22:10, the Defendant driven a B-to-be motor vehicle under the influence of alcohol concentration of approximately 0.174% in the section of about 2km from the front of the 316th century to the new west-to-be road located in the Daegu-gu Newwest-dong, Daegu-gu.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Before ruling: Application of references to criminal records, copies of summary order, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking driving several times.

A favorable normal situation: The defendant again does not commit the same kind of crime.