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 of the final judgment.

Punishment of the crime

On August 13, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Yeongdeungpo Branch of the Daegu District Court on August 13, 2008, from the Port Branch of the Daegu District Court on April 15, 2010 to a fine of 3 million won for the same crime, and from August 11, 2010 to the Youngdeok Branch of the Daegu District Court on August 11, 201, the Defendant was sentenced to a suspended sentence of 8 months and 2 years for a violation of the Road Traffic Act.

As above, the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving). On April 04, 2013, at around 03:15, at around 03:056% of blood alcohol level, the Defendant driven a math car in the section of approximately 4 km from the Do in the front of the Geocheon-ri-do apartment 0.056% of blood alcohol level at the port at the port at the port at the port at the time of the port from the Do in the front of the Seosan-dong Police Station located at the port at the port at the port.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Descriptions of a report on detection of a host driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, each summary order, and application of each Act or subordinate statute stated in the judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order and order to attend lectures, committed the instant crime in spite of the fact that the Defendant was punished twice by a fine for the same kind of crime and once by a suspended sentence of imprisonment.

However, the defendant's blood alcohol concentration is lower than 0.056%, the defendant did not cause personal and material damage such as the occurrence of traffic accidents in the course of drunk driving, the defendant is against the crime of this case, and the defendant does not drive under the influence of alcohol again, and the defendant currently.