A defendant shall be punished by imprisonment for not more than ten 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

On November 29, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act in Daegu District Court and racing support on November 29, 201, and on November 21, 2007, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for the same crime, etc.

Nevertheless, at around 16:40 on August 26, 2015, the Defendant driven a B-learning car from the “Seongdong Parking Lot,” which is located in the north-dong at the port of one-way to the court located in the same 700 meters away from the “Seongdong Parking Lot,” which is under the influence of alcohol of 0.183% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has a history of having been punished several times due to a crime that includes driving under drinking, such as being sentenced to a suspended sentence on one occasion, being subject to a suspended sentence twice, etc., circumstances favorable to the high drinking level: The fact that there is no particular traffic accident, the fact that the defendant's health status is not good, the defendant's support for his/her her son, and that there is a concern that his/her her son might be placed in the excessive difficulty if the defendant is detained, because he/she supports his/her son who is a mixed school student, and thus the defendant is detained;