A defendant shall be punished by imprisonment for six 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

The defendant, at the Daegu District Court on November 6, 2006, was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act (driving) and a fine of 2.5 million won for the same crime from the vice branch of the Daegu District Court on July 27, 2009, in the same court on April 28, 201, a fine of 1 million won for the same crime of violation of the Road Traffic Act (driving without a license) and a summary order of 7 million won for the same court on November 12, 2014.

피고인은 2015. 5. 29. 03:40경 자동차운전면허 없이 혈중알코올농도 0.081%의 술에 취한 상태에서 대구 달서구 두류동에 있는 땡초우동식당 앞 도로에서부터 같은 구 감삼동에 있는 대구교육연수원 앞 도로에 이르기까지 약 500m 구간에서 B SM7 승용차량을 운전하였다.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Investigation Report (A driver's license inquiry, etc.)

1. Previous convictions indicated in judgment: Application of criminal records, etc. and other reference inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 of the relevant Act, Article 148-2 (1) of the Road Traffic Act, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Feb. 1, 2011; Supreme Court Decision 201Do129, Feb. 1, 2012)

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;