A defendant shall be punished by imprisonment for six 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] On June 23, 2011, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions, such as a summary order of a fine of 2.5 million won for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court on December 14, 201, and a violation of the prohibition of driving under the influence of alcohol on at least two occasions, such as a suspended sentence of two years for a violation of road traffic law, in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court.

[Criminal facts] On August 23, 2017, the Defendant driven B high-speed truck with one ton of alcohol while under the influence of alcohol content of about 0.211% at a section of about 10 meters from the 10-meter radius from the front of the restaurant located in the Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, to the front of the 10-meter road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 reason for sentencing under Article 62-2 of the Criminal Act under the order to attend a lecture is the number of times the defendant was punished for the same kind of crime and the time of such punishment (the defendant was punished twice as a fine for driving under drinking, but has no record of crime since 2011), the degree of alcohol in blood at the time of driving under drinking, and the degree of danger of drinking driving has been realized by causing an accident that collisions with a commercial glass in drinking while driving under drinking, and other various factors indicated in the arguments in the instant case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after committing the crime, etc., and the sentence is determined as ordered.