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 becomes final and conclusive.

Punishment of the crime

[2] On November 17, 2015, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Ansan-si Support for Suwon-si Friwon, and on April 11, 2018, the Defendant driving a motor vehicle under the influence of alcohol on at least two occasions, such as a person who has been issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (dacting driving) at the Suwon-si Friwon-si, Suwon-si, which was in violation of the Road Traffic Act (dacting driving) on February 22, 2018. 01: (a) around February 29, 2018; and (b) a person who has driven a motor vehicle under the influence of alcohol on at least two occasions, such as a person who has been under the influence of alcohol on at least two occasions as he/she was issued a summary order of KRW 2.5 million.

[Criminal facts] On March 30, 2018, the Defendant driven B, from the section of about 2 km to the front of the 317-2 km Osan-si, Osan-si, Osan-si, on the road in front of the 0.106% alcohol level, while under the influence of alcohol level from blood around 23:15, the Defendant driven B in front of the 0.10% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A statement on the circumstances of a driver who is to take driving, a report on the circumstances of the driver who is to take driving, notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking,

1. The next inquiry (B);

1. A written appraisal of alcohol during blood;

1. Evidentiary photographs;

1. Previous convictions in judgment: Inquiry into foreign crimes and investigation career data, reports, investigation reports (Attachment of a copy of summary order), and the application of a copy of summary order 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Circumstances unfavorable to the defendant on the grounds of sentencing under Article 62(1) of the Criminal Act (recognating the grounds for reduction of volume) of the suspended sentence: The degree of main practice (0.106% of alcohol level in blood). The same criminal records and two times, and repeats the same criminal acts in a short period. The normal circumstances favorable to the defendant are recognized as erroneous, and there is no criminal record of the suspended sentence.