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 history] The defendant is a person who has been under the summary order of a fine of two million won for a crime of violating road traffic law in the Seo-gu District Court's branch on December 2, 2009, and on June 8, 2015, the same court issued a summary order of a fine of four million won or more for a crime of violating road traffic law in the same court on more than two occasions.

[2] On March 12, 2017, at around 00:15, the Defendant driven a ballon with alcohol content of approximately 0.121% during blood while under the influence of alcohol at approximately 5km from the 5km section to the front road of the New Sea Egypt apartment in the Dong-gu, Daegu-gu, Singu, Singu, Singu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age