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 August 21, 2008, the Defendant was sentenced to a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court on August 21, 2008, and on July 25, 2013, the above court was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act.

【Criminal Facts】 On July 9, 2015, at around 05:55, the Defendant driven a Bcoon-do car in the state of alcohol alcohol concentration of 0.194% in the middle of about 500 meters from the road of the same Gu and the road of the same 157 Yandong-gu, Seo-gu, Daegu-gu to the roads of the same Gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order was previously punished by the Defendant for drinking driving, and in particular, even though the Defendant had been sentenced to a suspended sentence of imprisonment due to the immediately preceding crime, the Defendant’s responsibility for the crime is very heavy in that he is driving under the influence of drinking alcohol level of 0.194%.

However, the fact that the defendant led to the confession of the crime, is in depth and reflects on the defendant's depth, selling a vehicle operated by the defendant, etc., and other conditions of sentencing, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., shall be determined as per the disposition.