A defendant shall be punished by imprisonment for not more than ten 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】 On June 1, 2017, the Defendant was issued a fine of KRW 5 million for a violation of the Road Traffic Act in the Daegu District Court and racing support, and a summary order of KRW 5 million for the same crime, etc. from the same support on March 30, 2018.

【Criminal Facts of Crimes】 On March 11, 2019, the Defendant driven a F EF rocketing car while under the influence of alcohol content of about 0.092% at approximately 500 meters from the front of the “C” road located in P, on March 23:30, 2019 to the front of the E-ray located in D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the oral statement of the surrounding driver;

1. Application of Acts and subordinate statutes to investigation reports (the fact that a suspect has violated the provisions prohibiting drunk driving on not less than twice);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is that he/she has a large number of records of drinking driving is disadvantageous circumstances.

However, the fact that the defendant seems to be against the defendant, and the blood alcohol concentration at the time of the instant case did not reach 0.1%, and the occurrence of traffic accidents was not occurred, considering the favorable circumstances.

In addition, all the sentencing conditions in the records, including the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, were determined as ordered.