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 power] On June 14, 2007, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on June 14, 2007, and the Defendant was sentenced to a suspended sentence of 2.5 million won for the same crime in the same court on September 15, 2010.

【Criminal Facts】

피고인은 2013. 9. 16. 00:38경 구미시 봉곡동에 있는 샛별주유소 앞 도로를 혈중알콜농도 0.115%의 술에 취한 상태로 B 그랜드 스타렉스 승합차를 운전하였다.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of the driver under the influence of alcohol, report on the assessment of alcohol and report on the detection of the driver under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order for the same type of case, attachment of judgment), and statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (All circumstances, including the fact that there exists a history of probation of the same kind, which reflects mistake, and that it is not a crime during the period of probation);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;