A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] The defendant is a person who received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon on June 11, 2008, and a summary order of KRW 5 million for the same crime in the same court on September 28, 2012.

[Criminal facts]

1. On December 31, 2016, the Defendant: (a) driven a B K7 car under the influence of alcohol content of approximately 0.136% from the 2km section from the 323 km-ro, Suwon-si, Suwon-si, Suwon-si, Suwon-ro, to the 179-ro, an old sperm-ro, to the same 179-ro.

2. The defendant who has instigated a violation of the Road Traffic Act (driving) on the 22:10th day of the same day, while drinking together the alcohol on the 179th day of the same Gu sperm.

C With the knowledge that C was under the influence of alcohol, C had C drive the said K7 vehicle while drunk with alcohol content of 0.179% at the time, time, place, and place at which C driven the said K7 vehicle under the influence of alcohol concentration of 0.179%.

Accordingly, the Defendant instigated C to drive alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to prepare each letter of apology with respect to C;

1. Written statements prepared in D;

1. A survey report on actual condition, on-site photographs, a report on the detection of drivers of each State (defendants, C), a vehicle boom image, a photograph, a internal report (ECTV and ordering details), a photograph by capturing up the ECCTV image and a statement of alcohol alcohol during blood;

1. Previous convictions in judgment: The application of a written inquiry about criminal history data and a summary order and the Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking), 148-2(2)2 and 44(1) of the Road Traffic Act, Article 31 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of execution;