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] On July 30, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on December 29, 2010, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating road traffic law (driving) in the same court.

[2] On March 6, 2017, the Defendant driven C rocketing car with approximately 0.117% alcohol concentration in the 2km section from the Do in front of the Daejeon Seo-gu Daejeon-dong to the four-distance roads in front of the Seo-gu Daejeon-dong, Daejeon-gu, Daejeon-gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on two occasions, was driving a motor vehicle under the influence of alcohol in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and a statement of the situation of the driver in charge of drinking;

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

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

An unfavorable circumstances: The normal circumstances that are favorable to the fact that he/she committed another crime even though he/she could have been able to commit the crime of drinking driving, which are four times the history of the crime of drinking driving, but all of them are fines, are seven years prior to the final record of driving under drinking, confessions and reflects, and prevents the recurrence.