A defendant shall be punished by imprisonment for not less than eight 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 May 1, 2007, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the port branch of the Daegu District Court. On October 1, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B cargo vehicle at a section of about 1 km from the road in front of the Do community center in the south-gu Sea-dong at the port of port in the state of alcohol level of 0.123% among blood transfusion around March 27, 2016 to the road in front of the Do community center in the south-gu Sea-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

1. Relevant provisions of the Act 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The amount of drinking alcohol is high, the defendant has been punished for driving alcohol, etc., including suspended sentence, several times, and other circumstances that are favorable to the fact that the defendant has a lot of history of punishment due to the crime related to driving: The traffic accident is not caused due to a simple drinking driving, the occurrence of a suspended sentence due to drinking, etc. has no particular history of punishment for the latter eight years prior to the fact that the person under suspended sentence due to driving under the influence of alcohol has no record of punishment, and the fact that the error is against the defendant's age, sexual behavior, environment, and circumstances before and after the crime are taken into account.