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

[criminal power] On October 13, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 13, 201, a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 13, 2010, and a fine of eight million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 31, 2012, respectively.

【Criminal Facts】

On April 27, 2016, when the Defendant had had a history of drinking twice or more, on April 16:15, 2016, the Defendant driven a DNA 1t-on cargo under the influence of alcohol concentration of 0.064% in the section of about 4km from the vicinity of the original village restaurant located in the archari in the city of Acheon-si to the front day of the Gumcheon-si from the front day of the Gumcheon-si Port Office.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before ruling: Application of references to criminal records, copies of summary order, and Acts and subordinate statutes;

1. Article 148-2(1) of the Road Traffic Act and Article 148-2(2) of the Act on the Selection of Criminal Facts seems to be a simple clerical error.

Sub-paragraph 1, Article 44 Paragraph 1 (Appointment 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. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: The defendant had a record of being punished for drinking driving several times, and the above punishment records include a suspended sentence sentenced in around 2012, but also committed this case.

After being sentenced to the above suspended sentence, the defendant has been sentenced to a fine for the crime during the suspended sentence period.

The defendant will again commit the same kind of crime.