A defendant shall be punished by imprisonment for six 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

[criminal history] The Defendant is a person who was sentenced to a fine of seven million won or more for a violation of road traffic law at the Daegu District Court on May 13, 2013, and a person who was sentenced to a fine of one million won or more for a violation of road traffic law at the same court on January 11, 2013, and was sentenced to a fine of three million won or more for a violation of road traffic law (driving) in the same court on November 4, 201, in the same court on October 21, 201, in the same court on the same crime.

[2] On August 31, 2017, the Defendant driven BMW 520 automobiles at a distance of approximately 500 meters from 22:8 Doncheon-gu Doncheon-gu Doncheon-gu Doncheonbucks around 0.079% under the influence of alcohol during blood around 22:10 on August 31, 2017.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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. Although the reasons for sentencing under Article 62-2 of the Criminal Act include the number of times the Defendant was punished for the same kind of crime, the argument in the instant case is shown in the following circumstances: (a) there is no record of the same crime after the suspended sentence was rendered on January 11, 2013 (the previous conviction of a fine on May 13, 2013 refers to the crime before the suspended sentence is rendered); (b) there is no relatively high level of alcohol concentration in the blood transfusion at the time of driving the instant drinking, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime.