A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On April 14, 2009, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic laws at the Daegu District Court, etc., and was sentenced to a summary order of two million won for a crime of violating road traffic laws at the Seo branch of the Daegu District Court on October 25, 2015.

【Criminal facts” around 03:10 on April 10, 2017, the Defendant driven CM5 car while under the influence of alcohol content of about 0.121% at a distance of about 500 meters in front of the Sung-dong Sung-dong Sung-dong, Daegu-gu, Daegu-gu, Seoul-do.

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 of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of whether the same type of force and the third class of relationship are true), and a copy of the judgment, such as a criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation, community service, and order to attend a lecture: The defendant is against the time of committing the instant crime, and circumstances unfavorable to the occurrence of a traffic accident due to the instant crime: The defendant committed the instant crime despite the same criminal history; the defendant committed the instant crime during the period of protection, observation, and suspension of execution; the defendant's age, sex behavior, environment, motive, means, consequence, circumstances after committing the instant crime, family relations, etc. shall be taken into consideration equally;