A defendant shall be punished by imprisonment for six 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

[criminal history] On July 31, 2014, the Defendant was punished by a fine of 1.5 million won for a violation of road traffic law (driving) at the Daegu District Court on July 31, 2014, and two million won for the same crime at the same court on March 11, 2016, and was punished by a fine of 2 million won for the same crime.

[Criminal facts] On August 10, 2017, the Defendant driven B in the section of about 1.5 km from the front side of the Ne-gu Nam-gu, Nam-gu to the front side of the Ne-gu, Nam-gu, Daegu-gu, with alcohol content of 0.083% under the influence of alcohol during blood around 03:55 on August 10, 2017.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to requests for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.