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 September 26, 2008, the Defendant issued a summary order of KRW 1,50,000 for a fine for a violation of the Road Traffic Act at the Suwon District Court on September 26, 2008, and on January 14, 2013, for a violation of the Road Traffic Act (driving of Drinking) at the site of Pyeongtaek District Court on September 14, 201, respectively.

On February 11, 2017, at around 02:50, the Defendant driven a DK5 vehicle while under the influence of alcohol leveling 0.10% from a 2km section from the main store of Young-gu, Young-gu, Young-si to the 35.7 km in Young-dong, Suwon-gu, Suwon-si, Suwon-si, to the point of the 35.7 km in Young-dong, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written response to a request for appraisal;

1. A report on the detection of the driver involved in the primary business (No. 15 of evidence list);

1. A traffic accident report;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment of relevant case rulings);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant, who led to the confession of the instant crime, recognized his mistake; the Defendant did not have any record of criminal punishment beyond a fine; the Defendant has the spouse and her aged children to be supported; and the surrounding people want to have the Defendant’s wife; and the social ties are maintained normally.

[Unfavorable Conditions] The crime of this case is identical to the defendant.