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

[criminal power] On July 6, 2007, at the Daegu District Court, the Defendant received a fine of 2.5 million won for a violation of the Road Traffic Act (driving) and a summary order of 3 million won for the same crime at the same court on April 29, 2009, respectively. On November 6, 2014, the same court was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 20, 2016, at around 02:15, the Defendant driven CMW320D car with approximately 100 meters alcohol level 0.092% under the influence of alcohol level from the front of the 100-dong, Daegu-gu Newcheon 4, Seoul-dong to the front road of the 3rd building located in the same Dong to the 3rd building located in the same Dong.

As a result, the suspect has violated the prohibition of driving under the influence of alcohol not less than twice, and once again drives a vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before ruling: Application of references to criminal records, copies of summary order, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: The defendant has been punished for drinking or unlicensed driving on several occasions, and the above punishment records include the previous decision and the suspended sentence in 2014, but also committed this case.

In favorable circumstances: The blood alcohol concentration of the defendant is less than 0.1%.

The defendant is subject to the judgment and the suspended execution from around 2009.