A defendant shall be punished by imprisonment for not less than eight 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 December 23, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seo branch of the Daegu District Court on December 23, 2009, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seo branch of the Daegu District Court on January 27, 2010 and violated the Road Traffic Act (driving without a license) at least twice.

【Criminal Facts】

On December 26, 2018, at around 22:02, the Defendant driven a d SM520 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration 0.086% from the front of the restaurant in which it is impossible to identify the trade name located in the Seogu Seo-gu, Daegu-gu, Daegu-gu to the front of the C in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of persons subject to the three-year relationship for driving under the influence of alcohol, and application of three-dimensional Acts and subordinate statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been sentenced to a four-time fine due to drinking driving, and the fact that the defendant committed the crime of this case, drinking water is considerable, and the defendant is against the defendant when committing the crime of this case, there is no record of punishment exceeding the fine, and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., which are conditions for sentencing as shown in the argument of this case, including circumstances after the crime, shall be determined as ordered by the order.