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

[criminal power] The Defendant was issued a summary order of a fine of KRW 1.2 million in the Daegu District Court Kimcheon-do on December 2, 2009 to a fine of KRW 1.2 million, and a fine of KRW 2 million in the same court on July 26, 2010 to the same crime.

【Criminal Facts】

피고인은 2013. 4. 3. 00:10경 구미시 형곡동에 있는 쨍하고해뜰날쭈꾸미식당 앞 도로를 혈중알콜농도 0.179%의 술에 취한 상태로 B SM5 승용차를 운전하였다.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, report on detection of a drinking driver, report on the circumstantial statements of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Reports and photographs of internal organs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Apr. 21, 2001>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;