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

【The Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law in the resident support of the Daegu District Court on October 10, 2011, and was sentenced to a suspended sentence of two years for the same crime at the Daegu District Court on January 17, 2012.

【Criminal fact-finding on December 16, 2015, the Defendant driven B Masp Ba Tra in the state of alcohol concentration of approximately 0.105%, while under the influence of 0.105% of alcohol in front of the apartment complex, which is located in the front of the public parking lot located in the Daegu-gu merchants Dong-gu, Daegu-gu, the same on the road in front of the public parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on community service and lecture attendance order was subject to multiple punishments for the same kind of crime (including five times the same type of crime). In particular, even though the defendant had been sentenced to a stay of execution for six months of imprisonment for the same crime on January, 2012, the defendant's liability for the crime of this case is very heavy if considering the fact that he committed the crime of this case.

However, it appears that the defendant led to the confession of the crime, the depth of the crime, the defendant's main behavior at the time of the crime (0.105% alcohol level during blood transfusion), the defendant's age, sex behavior, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc. are considered, and the execution of imprisonment is suspended only once, and the punishment is determined as ordered.