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

[criminal power] On February 4, 2009, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and a summary order of 2.5 million won for the same crime from the Daegu District Court on April 5, 2010, respectively. On June 12, 2014, the defendant was sentenced to a suspended sentence of 6 months for the same crime by the same court.

【Criminal Facts】

On October 6, 2016, at around 19:22, the Defendant driven a Cgalro Ⅱ boom vehicle while under the influence of alcohol content concentration of about 4km from around 19m to around 26, 2000, from around 19:22, the Defendant’s house in front of the Defendant’s house located in the Ggalan District B, Ggalro Ⅱ, in the influence of alcohol concentration of about 0.238%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a cargo under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Before ruling: Application of statutes, such as references to criminal records, summary orders, etc.;

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. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: The defendant has a record of being punished for drinking driving on a multiple occasions, and the above punishment records include a suspended sentence sentenced in 2014, but also committed this case.

The defendant's blood alcohol concentration is very high.

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

The defendant supports his/her family, such as his/her age, by supporting his/her family.