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 of the final judgment.

Punishment of the crime

[criminal power] On January 25, 2007, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving), etc. at the Daegu District Court on February 20, 2013, the Defendant was sentenced to a summary order of 1 million won by a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 20, 2013, and on November 7, 2013, the Defendant violated the provisions of the prohibition of driving under the influence of alcohol on not less than two occasions by being sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 25, 2016, at around 20:20, the Defendant driven a 21 ton cargo vehicle under the influence of alcohol level of approximately 0.163% in a section of about 100 meters, from the front to the New Town 12, Changcheon-si, Seocheon-si, Chungcheongnamcheon-si, Gyeongcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. A report on detection of drivers and a report on the status of drivers;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: although the defendant had been punished several times for the same kind of crime, he/she was engaged in driving at the same time, and the blood alcohol concentration is very high at the time of driving under the influence of alcohol and driving under the influence of alcohol.

To do violence against the other party as Si expenses, the other party was committed.

(However, the victims of the assault case did not institute a prosecution because they agreed with the victims of the assault case) - The favorable circumstances reflect the defendant's late crime.

- The defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of various sentencing factors as shown in the arguments in this case.