A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On February 5, 2014, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws in the Daegu District Court and racing support, and a fine of four million won for the same crime in the same court on September 3, 2015.

【Crimes the Defendant driven a B G70 vehicle under the influence of alcohol content 0.178% from the 1km section from the department store to the road in front of the agricultural and fishery product market located in the same Dong-dong on August 25, 2018.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol, a statement of the situation of the driver under driving alcohol, and documents related to blood collection;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Taking into account the fact that the amount of alcohol concentration is higher in the blood for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that a fine for violating the Military Service Act is more than one time except the criminal records as indicated in the judgment of the accused, and that the defendant reflects the wrongness of the defendant.