A defendant shall be punished by imprisonment for six 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

[Criminal Justice] Although the Defendant stated in the indictment on December 27, 2010 as “No. 27, 2010.” However, according to the evidence on the previous conviction as stated below, it is clear that it is a clerical error in the indictment “No. 27, 2010.”

ex officio correct and recognize it.

In the Daegu District Court Port Branch, a fine of one million won has been issued as a summary order for a violation of the Road Traffic Act (driving). On January 11, 2008, the same court stated a fine of 3.5 million won in the indictment as “1.5 million won” for the same crime. However, according to the evidence related to the previous conviction, it is obvious that “3.5 million won” is a clerical error according to the following evidence.

ex officio correct and recognize it.

was sentenced.

【Criminal Facts】

On September 26, 2016, at around 08:25, the Defendant driven B 111CC at a section of about 5km from the front side of the member loan located in the north-dong 2 Dong at one port at one time to the south-gu Sea from the south-gu Sea Road at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and replys to inquiries, and application of investigation reports and other Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there was a history of punishment twice due to drinking driving, circumstances favorable to the occurrence of traffic accidents during drinking driving have occurred only minor physical damage due to traffic accidents, and are dealt with with by agreement with the victim. The fact that drinking water is a crime of Ortopy driving, the fact that drinking water is not relatively high, and the defendant has no specific history of punishment other than the fine imposed twice due to drinking driving, and the fact that it is against the mistake.