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.

Criminal facts

[criminal history] On February 12, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 4 million by the same court as the same crime on September 7, 2011, respectively, at the Suwon Flag Flag Flag, for a violation of the Road Traffic Act.

[2] On April 9, 2017, the Defendant driven a D-wing and freight vehicle under the influence of alcohol level of 0.091% from the blood alcohol level of about 90km at approximately 0.091% at around 135 km in the front of the Defendant’s house in Yongsan-si, Suwon-si, the Defendant, from the front of the Defendant’s house, to the road at a point of about 135 km in the front of the original city.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (the same type of criminal suspect and attachment of written judgments) and other statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant's driving on an expressway in a drinking state caused an accident that has lost the center of the vehicle, and the degree of the driver's driving of the defendant is not weak.

In addition to the criminal records entered in the judgment of the defendant, there are several fines due to drinking driving.

In addition to the above circumstances, the records and arguments of this case, such as the defendant's age, sex, career, environment, background and result of the crime, and the circumstances after the crime.