A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 19, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic law (drinking driving) in the Seoggu District Court's branch branch on May 19, 2008, and on May 26, 2009, the Defendant was sentenced to a suspended sentence of 2 years for the same crime in the Daegu District Court's imprisonment with prison labor for the same crime, etc. on more than two occasions.

On March 22, 2018, while under the influence of alcohol level of 0.111% among blood transfusion around 23:00, the Defendant driven a CM5 car from the 100-meter section to the front road of the 3rd line of the ground iron rail located in the Daegu-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, in a state of alcohol level of 0.11%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, report on investigation (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order of community service and the order to attend a lecture, the fact that the defendant has been punished several times for the same crime, the defendant's blood alcohol concentration is high, the defendant's opposite sex, the defendant's age, sexual behavior, environment, motive of the crime and circumstances after the crime, etc., shall be determined as the same as the order of punishment in consideration of the records.