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 October 11, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site, and on November 29, 2007, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.

【Criminal Facts】

On October 3, 2016, at around 13:45, the Defendant driven BM5 car in the state of alcohol of about 2 km from the front side of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) to the road of about 133rd roads in the same city, with blood alcohol concentration of about 0.190%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant 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 for discretionary mitigation;

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Probation Criminal Act: It shall not be applicable;