A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 20, 2009, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act, etc. at the Daegu District Court, and was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act at the Daegu District Court on December 4, 2015, and was sentenced to a probation order of KRW 7 million for a violation of the Road Traffic Act at the Daegu District Court on December 22, 2015.

On August 26, 2018, the Defendant driven Bhoer IG car at approximately 2 km section from the front of the non-cafeteria in the trade name of the Seoyang-si, Busan Metropolitan City to the front of the construction site of about 14 U.S. in the Gyeong-si, Chungcheongnam-si, Gyeongbuk-si to the 14th degree of alcohol level.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: References to criminal history, application of investigation reports (verification of the records of the same suspended execution of suspects)-related statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the community service order and the order to attend a lecture, have the record of being punished three times for the same crime as the criminal facts, the defendant's blood content is very high, the defendant's blood content is contrary to the defendant, the defendant's age, sexual behavior, environment, motive and circumstances of the crime, etc., shall be determined as the same as the order, in consideration of the sentencing conditions shown in the records;