A defendant shall be punished by imprisonment for six 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

[criminal history] On June 24, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving), etc. by the Daegu District Court, and on August 22, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 years due to the same crime in the same court. The Defendant violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts] On March 13, 2016, at around 21:50, the Defendant operated a B Abdon X-D car under the influence of alcohol leveling 0.085% from approximately 50 meters from the 50m section of alcohol level to the Han-gu Bag’s upper road located in the same rith of the nive mother line.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of enforcement;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history, text of judgment, etc.;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

In particular, the defendant was sentenced to suspended sentence for the same crime.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.