A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Records of Crimes】 On March 20, 2012, the Defendant received a summary order of a fine of three million won due to a violation of road traffic law (drinking) at the Seo-gu District Court Branch Branch, and on August 28, 2013, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking) in the same court.
【Criminal fact-finding on September 29, 2015, the Defendant driven C truck with alcohol content of about 0.142% at a distance of about 300 meters from the front road of Yongsan-gu, Daegu-gu, Daegu-gu, Busan-gu, Busan-do, about 22:45 to the front road of the same sex high school.
Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the confession of a crime and the attitude reflecting the depth of the crime, and the degree of the defendant's principal activity at the time of the crime in this case);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;