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

On July 16, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on July 16, 2009, and the Defendant was sentenced to a suspended sentence of two years for five months for a violation of the Road Traffic Act at the Daegu District Court on February 8, 201.

On August 31, 2013, at around 00:25, the Defendant driven a B car at approximately 2 km from the liberian front side of the Gyeong-gu Northern-gu, Daegu-gu to the front side of the same Gu school-dong industrial accident hospital, while under the influence of alcohol by 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Probation and Compliance Driving Order is that the defendant repeats the crime of this case even though he was punished several times due to drinking driving (three times a fine, one time a suspended sentence), considering the fact that the blood alcohol concentration of the defendant at the time is considerably high, it is deemed that the defendant requires a strict punishment against the defendant. However, the fact that the defendant separates and reflects the defendant's wrong facts, scrapped the vehicle, there is no history of receiving the punishment, and there is no history of receiving the punishment, and other various sentencing conditions such as the motive, means and result of the crime of this case, circumstances after the crime, age, character and behavior of the defendant, home environment, etc., and the execution of the punishment is suspended as ordered, but the defendant is subject to probation and is ordered to attend the compliance driving instruction.