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

[criminal history] The Defendant is a person who has been sentenced to a fine of KRW 8 million in the same court on March 15, 2012 due to the same crime, etc. in the Western Branch of the Daegu District Court on July 26, 2012, and was sentenced to a fine of KRW 8 million in the same court on March 15, 2012.

[2] On December 13, 2016, the Defendant was under the influence of alcohol content of 0.119% during blood transfusion around 01:00, and was driving a Bone Star Corscis in the Seogu Seo-gu in Daegu-gu, Seogu, Seo-gu, Seo-gu, Seo-gu, in the shape of alcohol content of 0.19% at the time of stay in the Gyeongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written opinion, the offender's place, a report on the circumstances of driving a drinking, and inquiry about the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of each statute;

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

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. Although the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has been punished by a fine, suspension of execution, etc., he/she is under the unfavorable circumstances to the defendant, and the defendant is not able to drive a drinking again, and the defendant is in depth and is not able to do so again;

It is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.