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

【Power of crime】 On September 23, 2013, the Defendant issued a summary order of a fine of three million won for a crime of violating road traffic law at the Daegu District Court on September 23, 2013, and a summary order of two million won for the same crime at the same court on March 17, 2015 respectively.

【Criminal facts】 On October 17, 2017, the Defendant driven B-low automobiles from the front of the long-term public parking lot located in the Daegu Seo-gu, Daegu-gu, to the front road of the Yongsan-dong located in the same Yongsan-gu, approximately 200 meters away from the long-term public parking lot under the influence of alcohol content of 0.107% during blood around 23:35.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident;

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports (to the same previous text and copies of the summary order);

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 on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture shows the attitude that the Defendant seriously reflects the crime of this case.

However, although the defendant had recently been punished for driving under drinking, he again went to commit the crime, and he also caused a traffic accident while driving under drinking.

In addition, all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as ordered.