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

On March 18, 2011, the Defendant received a summary order of KRW 2,50,000 from the Daegu District Court to a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act, and on February 9, 2015, issued a summary order of KRW 5,00,000 as a fine for the same crime from the Western Branch Branch of the Daegu District Court.

On October 10, 2017, the Defendant driven Benz motor vehicle at approximately 50 meters from the Do in front of the mutual influent restaurant located in the Daegu Western-gu Hosan-dong to the front road located in the same Gu Hosan-dong, under the influence of alcohol level of 0.142% among blood transfusion around 00:09.

Accordingly, even though the Defendant had been punished for a crime of violating the Road Traffic Act (drinking driving), he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the fact that the defendant had already been punished for driving alcohol twice or more times, and the amount of drinking alcohol is relatively high, and the defendant is against the defendant's view of the crime of this case, and there are no other criminal records, and the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and all other circumstances constituting the condition for sentencing as shown in the argument of this case, including the circumstances after the crime, shall be determined as ordered by the order.