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 two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 17, 2008, the Defendant was punished on two or more occasions due to drinking, such as receiving a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on July 17, 2008, and a summary order of KRW 3 million as a same crime in the same court on September 9, 201.

On April 14, 2017, the Defendant driven B-low-income motor vehicle under the influence of alcohol concentration of approximately 0.178% from around 150 meters in a section of about 150 meters from the front of the Belgium or trading place, which is located in the business of permanent residence on a permanent basis, to the front of the 201-dong of permanent residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. A normal condition favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: The defendant is aware of his/her mistake and reflects his/her mistake, and he/she is expected not to drive drinking again;

There are many things.

The defendant has no power of the same kind over the last five years.

Unfavorable circumstances: The defendant had been punished twice due to the same criminal record as the ruling, but has committed the crime of this case again.

The alcohol concentration in blood at the time of driving alcohol is 0.178%, and the degree or risk is very serious.

In addition, the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records and pleadings, such as the age, sex, environment, motive and consequence of the crime, and circumstances after the crime.