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

【Criminal Power】 On December 19, 2008, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act, etc. at the Seo-gu District Court Branch Branch, which was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On December 17, 2012, the same court was notified of a summary order of five million won for a violation of the Road Traffic Act.

【Criminal Facts” around 09:40 on April 28, 2015, the Defendant driven B rocketing taxi while under the influence of alcohol content of about 0.105% at the section of approximately 200 meters from the front of the Tridong, Daegu-gu, Daegu-gu, to the front of the two roads of the same Sungdong-dong, Sungdong-dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of drinking drivers (A) and the circumstantial statement of drinking drivers (A);

1. Previous records of judgment: Application of criminal records, investigation reports (including attachment of a summary order, and application of Acts and subordinate statutes, No. 208 high-level court records, No. 1422 and 2020), and criminal records records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant is a transport employee operating a taxi and has been punished twice for the same kind of crime in the previous case, and the crime of this case is heavier in that the defendant committed the crime of this case.

However, the court shall take into account the favorable circumstances that the defendant made a confession of all of the crimes and again made it impossible to repeat the crime, and shall determine the punishment as ordered in consideration of the defendant's age, character and conduct, environment, motive and circumstances of the crime in this case, and circumstances after the crime.