A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On June 17, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Daegu District Court, and on October 14, 2013, the Defendant was issued a summary order of KRW 1.5 million as a fine for the same crime at the same court.

Although there was a history of violating the drinking prohibition provision two or more times, the Defendant, as above, driven a B B B car in the state of drinking alcohol concentration of about 0.092% from the section of about 20 meters to the right side of the road of the Dogwon-dong, Seogu, Daegu-gu, Daegu-gu, Seoul-gu, about December 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

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. 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 Code of the Order to Attend a lecture has already been punished for drinking driving two times or more, and the crime of this case was committed in the same time, drinking is not low, and the defendant is against the time of the crime of this case, the defendant has no record of being punished more than a suspended sentence for the same kind of crime, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.