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.

Criminal facts

[criminal history] On August 24, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in support of Sungnam-gu Office of Suwon Friwon on August 24, 2007. On July 23, 2010, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven a motor vehicle with 0 km in the section of about 3 km from the long door distance in the Suwon-si film dong in Suwon-si, Suwon-si, to the 386-lane from the long door in Suwon-si, Suwon-si, the alcohol level of which is 0.160% among blood transfusion around August 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and lifts;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and 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.

The instant crime did not cause any personal and material damage.

There is no criminal record of imprisonment with prison labor for the defendant, and there is no criminal record due to any violation of traffic laws and regulations from the date of the suspension of the execution of imprisonment with prison labor due to drinking, etc. in 2010 to the day before the crime of this case.

Circumstances unfavorable to the defendant are as follows:

Even though the defendant was subject to criminal punishment twice due to drinking driving as stated in the record of the crime, he again committed the crime of this case even though he was subject to criminal punishment (one time of the suspended sentence of imprisonment).

The defendant has been sentenced to a fine on several occasions for a double crime.

. The above.