A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of road traffic law at the Daegu District Court on October 24, 2007, and was sentenced to eight months of imprisonment with prison labor for the same crime in the same court on February 8, 2011.

【Criminal facts】 On September 15, 2017, the Defendant driven a DNA cargo vehicle while under the influence of alcohol with approximately 0.276% alcohol concentration at approximately 200 meters from the front road of the Defendant’s house located in Daegu-gu, Daegu-gu, Daegu-gu, to the front road of C.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. E statements;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of relationship between the same kind of power and drinking three times);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures is that the defendant is against the time of committing the instant crime and does not repeat the crime.

However, even though there are many punishment records due to driving of alcohol or refusing to measure alcohol, the defendant went again to commit the crime of this case, and the amount of alcohol concentration in blood is considerably high, as well as is likely to cause a traffic accident.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.