A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2009, the Defendant was sentenced to a summary order of 2.5 million won by a fine for the violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch on August 31, 2009, and was sentenced to a suspended sentence of 6 months by imprisonment with labor for the same crime at the Daegu District Court on October 25, 201.

At around 08:45 on November 9, 2013, the Defendant driven B Poter cargo under the influence of alcohol concentration of 0.075% on the front of the Gutoluth on the roads in the Gutoluth-dong of Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of summary orders;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and the choice of imprisonment under Article 148-2 (1) 1 of the Road Traffic Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (it is disadvantageous to the fact that there are many records of punishment for driving under the influence of alcohol or without a license and that there are two cases of being sentenced to a suspended sentence. However, in the case of this case, it seems that the influence of alcohol was lost at the immediately preceding night, and that it appears that it had a warning about the danger of drinking alcohol during the period of suspended sentence, etc.)

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do144, Apr. 1

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;