A defendant shall be punished by imprisonment with prison labor 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

On January 26, 2007, the Defendant is a person who has a record of drinking driving twice or more by receiving a fine of one million won as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on January 26, 2007, and a fine of two million won as a crime of violating the Road Traffic Act in the same court on May 12, 2010.

Nevertheless, at around 20:58 on December 5, 2018, the Defendant driven Froca car with approximately 500 meters alcohol concentration 0.064% under the influence of alcohol on the road in the Gumi-si B from the front of the E Bank located in Gumi-si, Gumi-si to the front of the E Bank located in Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing criteria: The sentencing criteria are not set. 3. Determination of sentencing: Imprisonment with prison labor for 10 months (two years of suspension of execution of sentence) that a defendant has served three times or more due to drinking driving, but there is no possibility of criticism in that he/she drives under the influence of alcohol again.

However, the fact that the blood alcohol concentration level at the time of the defendant was not high, and that the defendant does not have any criminal power exceeding the fine, etc. should be considered in determining the sentencing.

In addition to the above various circumstances, various factors of sentencing, such as the defendant's age, environment, character and conduct, criminal records, circumstances surrounding the crime, and attitude after the crime, are considered together.