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

On March 3, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on March 3, 2009, and on June 22, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On February 25, 2015, the Defendant driven BM5 vehicle under the influence of alcohol level of about 0.080% from around 300 meters to the 387-2 merchant-ro 32 merchant-ro 32 from the 387-2 front road of the same Gu on February 25, 2015, the Defendant driven BM5 vehicle under the influence of alcohol level of around 0.080%.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (attached report, such as the previous one and the written judgment);

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 (i.e., confession and reflective attitude, and the fact that there has been no record of criminal punishment for the last six years or more);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;