A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On November 22, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the resident support by the Daegu District Court on November 22, 2013. On November 11, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.

[2] Around May 10, 2018, the Defendant driven a DNA car with alcohol content of about 0.207% from the 2km section of the blood alcohol level to the 148 street before the same 2km in front of the “C cafeteria” on May 10, 2018, while under the influence of alcohol at around 16:35, the Defendant driven a DNA car.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Each investigation report (No. 9,21 No. 1 of the evidence list);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of 2 copies of the Acts and subordinate statutes, such as a reply to inquiry, investigation report (Evidence List No. 25), and text of judgment, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The Defendant’s repeated driving of drinking alcohol due to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, and the driving volume of drinking in the instant case is significant, etc. disadvantageously considered.

However, under favorable circumstances, the fact that the defendant acknowledges and reflects the crime, the fact that the defendant seems to dispose of the motor vehicle in the meaning of reflectability, and the conclusion of the agreement on the accident occurred.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age, family relations and health status, shall be determined as per the disposition.