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

On October 15, 2010, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic law (drinking driving), etc. in the Daegu District Court Kimcheon branch of the Daegu District Court, and on September 28, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 million for eight months due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court.

Although the Defendant had been punished for driving alcohol more than twice as above, on October 9, 2017, the Defendant driven CVL125 Orala while under the influence of alcohol concentration of about 0.165% in the section of about 500 meters from the front side of the “large Mamt” located in the old-si Mamt City, Sinsi-si, Sinsi-si, to 4 Corporation in the Gunsi-si, Sinsi-si, Sinsi-si, Sinsi-si to 27-1, Gunsi-si.

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. Notification of on-site photographs and departments related to the report of the case 112 case;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures include the fact that the Defendant received a fine of 2,50,000 won due to the refusal of drinking alcohol measurement on May 10, 2010, the amount of alcohol content during blood, the background and reflect of the crime, the second degree disability, and other circumstances such as the Defendant’s age, sexual behavior, environment, etc., in addition to the previous conviction in the judgment, the punishment shall be determined as ordered by the order.