A defendant shall be punished by imprisonment for not more than ten 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

On January 23, 2008, the Defendant was sentenced to imprisonment for ten months with labor for a violation of the Road Traffic Act in Daegu District Court and racing support, and on March 25, 2010, the Defendant was sentenced to imprisonment with labor for four months for a violation of the Road Traffic Act in the Daegu District Court and Port Support on March 25, 2010.

Although the Defendant had been punished twice or more due to drinking driving, on February 4, 2015, at around 22:30, the Defendant driven C rocketing car from the parking lot of the Gachi Hospital moving in the south-gu Si at port to the front side of the entrance of the Jachiun 1 Apartment apartment located in the Gachi-gu, Nam-gu, Nam-gu, Nam-gu, Seoul at the port at the time of port, with the alcohol level of 0.174% under the influence of alcohol level around 0.30.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, and a report on the results of crackdown on drinking driving, and a report on the state of drinking drivers;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same attached records, etc.);

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. Probation, community service order, and order to attend lecture under Article 62-2 of the Criminal Act are the circumstances unfavorable to the defendant, such as that the defendant has the same record as several times of sentencing.

However, in comprehensive consideration of all the circumstances such as the defendant's confession of the facts of crime and his mistake is divided, the defendant is punished for the same kind of crime after he was punished for the same crime for about five years, the defendant is not punished for the same kind of crime, the defendant is in physical disability 6, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character