A defendant shall be punished by imprisonment for not more than ten 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 October 24, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law at the Suwon Friwon, etc. on May 2, 2012, and a summary order of KRW 5 million for the same crime in the same court on May 2, 2012, and was sentenced to a probation order of KRW 5 million for the same crime in the same court on September 13, 2012.

[2] On September 9, 2017, the Defendant driven a C-7 car owned by the Defendant under the influence of alcohol concentration of about 0.098% from around 300 meters to around 300 meters from the water viewing parking lot near Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the same water source viewing road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the previous judgment, a copy of the summary order attached) and other Acts and subordinate 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.

At the time of committing the instant crime, the Defendant’s primary taking of the instant crime is relatively weak, and there was no personal and material damage.

There is no criminal record of imprisonment with prison labor for the defendant, and there is no criminal record from the date of the suspension of the execution of imprisonment with prison labor for the reason of drinking alcohol in 2012 until the day of the crime in this case.

It is clear that the social relationship of the defendant is clear.

Circumstances unfavorable to the defendant are as follows:

The defendant committed the crime of this case again even though he has been sentenced to two times of fine due to drinking driving and one of the suspended sentence of imprisonment, as stated in the record of the crime in the judgment of the defendant.

. The above.