1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

[criminal power] On July 22, 2010, the Defendant received a summary order of KRW 3 million as a violation of the Road Traffic Act (driving) from the Daegu District Court’s Ansan Branch on July 22, 2010, and on August 26, 2010, a fine of KRW 3.5 million was imposed by the same court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

피고인은 위와 같이 2회 이상의 음주운전 전력이 있음에도 불구하고, 2016. 8. 19. 23:50경 혈중알코올농도 0.127%의 술에 취한 상태에서 안동시 태화동 서부시장에 있는 낑낑실내포차 앞 도로에서부터 같은 동 대성에네시스 앞 도로에 이르기까지 약 500m구간에서 B 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the observation of the situation of a drinking driver, notification on the results of the control of drinking and driving, the register of driver's licenses, and making an inquiry into the vehicle

1. Criminal records as stated: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 the Defendant committed the instant crime, despite the fact that the Defendant had been punished five times as a crime of drinking driving, including the criminal records as indicated in the judgment, is disadvantageous to the Defendant.

All of the crimes of this case are the circumstances favorable to the defendant that the defendant has led to confession and reflect, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, character and conduct, environment, circumstances after crimes, etc., and all the circumstances shown in the arguments and records of this case shall be determined as ordered.