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

[criminal history] On November 23, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking) at the Daegu District Court on November 23, 2010, and a suspended sentence of two years for a year for a violation of road traffic law (drinking) at the resident support of the Daegu District Court on September 1, 2015.

[2] On April 14, 2018, the Defendant driven a Dice-type car at the section of about 400 meters from the 28th national highways Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-do, to the intersection of national highways at approximately 400 meters, while under the influence of alcohol content of around 0.121% during blood in around 05:08.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 15 No. 5 of the evidence list);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspension of execution (resumed grounds for reduction of amount);

1. Consideration of protection and observation, order to provide community service and order to attend a lecture under Article 62-2 of the Criminal Act shall be taken into account under the circumstances unfavorable to the defendant who continues to commit a crime of drinking alcohol driving.

However, considering the fact that the defendant is recognized and against the crime, that the defendant does not necessarily have to drive drinking from the beginning, but has been driving in the process of leaving the house alone due to the dispute arising from the rate problem through the substitute driver.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.