A defendant shall be punished by imprisonment for six 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

On January 19, 2009, the Defendant was sentenced to a summary order of KRW 1,00,000 to a fine for a violation of road traffic law (driving), and on April 25, 201, the Daegu District Court issued a summary order of KRW 2,50,000 to a fine for the same crime at the Daegu District Court on April 25, 201, and on August 17, 201, the Defendant was sentenced to imprisonment for 6 months with labor for a violation of road traffic law (refluence of drinking), and on August 25, 2017, the said judgment became final and conclusive on August 25, 201.

On August 20, 2017, at around 08:45, the Defendant driven a c1 ton cargo vehicle, a land owner B, under the influence of alcohol level of 0.085% in alcohol level, from the front day of the commercial park in Seo-gu, Seo-gu, Daegu to about 3km in the west-gu, Seo-gu, Seo-gu.

As a result, the Defendant, while under the influence of alcohol, has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Records of the judgment: Application of the text of the summary order and the text of the judgment attached to a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the same type of punishment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 period of Article 62-2 of the Criminal Code of the community service order has two times the records of criminal punishment for the defendant for the same drinking, and this court has one year of suspended sentence for six months of imprisonment with prison labor due to the violation of road traffic law.