A defendant shall be punished by imprisonment for not less than eight 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 May 19, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court, and on April 24, 2013, issued a summary order of a fine of five million won for the same crime at the Daegu District Court on the same day, and was punished twice for a violation of road traffic law (drinking driving).

Nevertheless, on February 2, 2018, the Defendant driven B Lone Star Cargo under the influence of alcohol of about 500 meters in a section of approximately 0.051% of alcohol content from the front of the Mag-ro in the Seogu Seog-gu, Daegu-gu, Daegu-gu to the front of the 121-ro, Seog-ro, 121.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of drivers working at the main place and an investigation report (attached reporting, such as a summary order of the same kind of crime);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has already been punished for drinking driving twice or more times, and the defendant committed the crime of this case at the same time. Meanwhile, the defendant is against the charge of this case, and there is no particular criminal history other than twice fines due to the same crime, and the defendant's age, sexual conduct, environment, motive, circumstance, means and consequence of the crime, and all other circumstances constituting the condition for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.