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

[criminal history] On April 19, 2007, the defendant was issued a summary order of 2 million won for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court. On September 10, 2008, the defendant was issued a summary order of 3 million won for a crime of violating road traffic law (drinking driving), and on November 13, 2008, the defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic law (dacting driving).

[2] On December 14, 2015, the Defendant driven B-wing truck at a section of about 10 km from the front of the restaurant where the trade name of the head of the Gu is unknown, as in the 4.149% alcohol concentration in blood around 15:25, the Defendant driven B-wing truck at a section of about 10 km from the front of the restaurant where the trade name of the head of the Gu is unknown, to the front of the industrial re-road located in the north-gu distribution complex of the same city to the industrial re-road located in 16.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (a copy of judgment of the same kind as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 a lecture is the number of times when the defendant was punished for driving alcohol (one time of suspended execution, four times of fines), and the time when the defendant was punished for driving alcohol (the last time of punishment for driving alcohol is November 13, 2008). The degree of alcohol content during the crime in this case at the time of the crime in this case, and other factors of sentencing as shown in the argument in this case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the various factors of sentencing as stated in