A defendant shall be punished by imprisonment for not less than eight 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 February 8, 2007, the Defendant is a person who has a record of driving under the influence of alcohol at least twice by receiving a fine of one million won for a violation of the Road Traffic Act from the Daegu District Court Kimcheon-gu branch on February 8, 2007, and by receiving a summary order of two million won for a violation of the Road Traffic Act from the same court on February 15, 201.

【Criminal Facts】

On January 1, 2019, at around 03:48, the Defendant driven a motor vehicle with an E Spati in the state of alcohol concentration of about 0.126% under the influence of alcohol in the section of approximately 1km from the front of the Si of the Gu-si to the front of the Gu-si station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of three copies of summary orders;

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

1. In full view of the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, alcohol concentration in the blood of this case, and the age, character and conduct, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, etc., all the sentencing conditions as shown in the arguments of this case shall be determined in the same sentence as the order.