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

except that 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 September 20, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 5, 201, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 5, 2010. On April 19, 201, the Defendant was sentenced to a summary order of eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury on Risk), and the violation of the Road Traffic Act (driving) at the Daegu District Court on April 19, 201.

【Criminal Facts】

On October 8, 2018, at around 21:46, the Defendant driven a motor vehicle in the E-high speed while under the influence of alcohol leveling 0.062% from around 30 meters from the front of the “Ccafeteria” road in Daegu Seo-gu B to the front of the same Gu D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification (A), report on the circumstances of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports on criminal records, review of the same kind of power, and summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished five times or more or more, including the criminal records in the judgment of the defendant, and the defendant repeats the same crime by again committing the crime in this case.

However, under the circumstances where the defendant recognized the facts of crime and divided, the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case is not high to 0.062%, and there is no record of criminal punishment after 2012, etc., the defendant's age and age shall be considered as favorable to the defendant.