A defendant shall be punished by imprisonment for not less than eight 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

On October 4, 2010, the Defendant was ordered by the Daegu District Court to a fine of 2.5 million won due to a violation of road traffic laws (drinking driving), etc., and on July 19, 2012, the Defendant was sentenced to imprisonment for eight months and suspension of execution for the same crime, etc. at the same court. The Defendant was sentenced to a suspended sentence of two years.

8. 29. The same court was issued a fine of KRW 3 million for the same offense, etc.

The Defendant is the driver of the freight in the B, Lebaland.

On September 10, 2016, the Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.182% in blood, while driving the above cargo vehicle in the influence of alcohol level of 0.182% in front of the intersection of the west-gun, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 for the protection and observation of the protection, the sentencing conditions indicated in the records of the instant case, such as the age, sex, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant has been punished several times for the same crime, and the above punishment records include three times of suspended execution, but has committed this case.

The number of alcohol concentration among the blood of the defendant is very high.

A favorable condition: The health of the defendant is not good.

The defendant again does not commit the same crime.

There are many things.