A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 9, 2010, the Defendant is a person who has a record of driving drinking, such as receiving a fine of two million won or more due to a violation of the Road Traffic Act (driving), and a fine of four million won or more due to a violation of the Road Traffic Act at the Daegu District Court on June 29, 2011.

On June 28, 2017, the Defendant, while under the influence of alcohol content of 0.097% during blood transfusion around 04:57, driven a 1km-purd passenger vehicle from Daegu Seo-gu to 0.097% from the 1km-do, Daegu Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. of the same type of crime record);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education has the history of having been punished several times for the same crime, including the previous conviction in the judgment. In particular, around July 18, 2013, a person was sentenced to imprisonment for six months due to a violation of the Motor Vehicle Management Act, an illegal uttering of official documents, a violation of the Guarantee of Automobile Compensation, a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (unlicensed Driving), but the person was driving the drinking in the instant case without any circumstances that may be considered in the motive for driving.

However, the degree of alcohol content in blood is relatively insignificant to less than 0.1%, and there was no circumstance that may cause harm to the actual traffic at the time of the driving of this case, the defendant's health status is not good, such as having the current livering disease, and his mistake is deeply divided and seriously reflected.