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 July 9, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on July 9, 2008 and a fine of two million won for the same crime at the Daegu District Court on September 17, 2009.

On July 5, 2014, around 01:15, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of about 0.262% at a 4km section of approximately 4km from the road front of the Sincheon Agricultural Products in front of the Sincheon-dong, Taewon-dong, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the state of primary drivers, and electronic documents and reports on detection of primary drivers;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that a person who has been punished several times due to drinking alcohol driving and again commits the instant crime, and the liability for the instant crime is not easy. However, the Defendant’s mistake is divided and reflected, and the Defendant’s age, character and conduct, environment, and circumstances after committing the instant crime shall be determined as ordered by taking into account all the factors of sentencing including the Defendant’s age, character and behavior, environment