1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On December 19, 2008, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a violation of road traffic law in the Suwon District Court on December 19, 2008, and on November 29, 2012, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a violation of road traffic law at the Jung-gu District Court on November 29, 201.

Although the Defendant had been punished for driving alcohol twice or more, on October 27, 2017, at around 22:40 on the same day from the 2nd ground of the king-dong located in the city of the Government-Si around 22:50 on the same day, the Defendant driven Category B 5 vehicle under the influence of alcohol concentration of about 0.219% from the 50-meter section of the 500m water level to the front road of the 6nd high school of the 22:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Consent to blood collection and written confirmation;

1. A written appraisal of alcohol during blood;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of replys to inquiries, such as criminal history, and reports on investigation (report attached to the same paper crime records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, even though the defendant had been punished twice for the same crime, the defendant committed again the crime of this case. Unfavorable circumstances, such as the fact that the amount of alcohol concentration in the blood of this case is relatively high, and the defendant recognized and reflected all the crimes of this case, and the defendant's age, occupation, sex, sex, environment, motive and means of the crime, the motive and consequence of the crime, etc., and the various conditions of sentencing shown in the arguments of this case shall be determined as ordered by taking into account the following factors.