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

【The Defendant was issued a summary order of KRW 1 million on June 22, 2010 for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo- Branch Branch on the following grounds: (a) on October 27, 2010, the Daegu District Court issued a summary order of KRW 3 million for the same crime at the Daegu District Court’s Daegu District Court.

【Criminal facts” On November 6, 2017, the Defendant driven B1 ton cargo at a section of approximately 100 meters in front of about 38 in the mountain-ro, Yongsan-gu, Daegu-gu, Busan-do, while under the influence of alcohol content of 0.208% during blood transfusion on November 6, 2017.

As a result, the defendant was punished for driving under drinking more than twice and again driving under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A report or circumstantial statement on the result of regulating the driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports;

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. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the instant crime; the defendant has no record of punishment for drinking driving for the last seven years or more; the defendant again committed the instant crime despite several times of the past records of punishment for drinking driving; the blood alcohol concentration reaches 0.208%, causing considerable danger to traffic on the road; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; the circumstances and family relations after which the crime was committed; and the punishment should be determined as ordered by taking into account all the factors of sentencing, including the defendant's age, sexual behavior, environment, motive, means and consequence of the crime;