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

On December 3, 2010, the Defendant was issued a summary order of 2.5 million won by a fine of 4 million won due to a violation of road traffic law at the Suwon Friwon method, and a fine of 2.5 million won due to a violation of road traffic law (driving under drinking), at the same court on November 25, 2011.

Criminal facts

On March 22, 2017, the Defendant driven a balp motor vehicle with alcohol content of about 0.280% in alcohol level from around 200 meters to around 111-2 of the old day 139-1, the 139-1, the 139-1, the 200-day old city, the 200-day old city heading on March 22, 201, while under the influence of alcohol leveling from around 0.280%.

As a result, the defendant had been punished for drinking driving two times, but he again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in preparation of a letter of apology against C;

1. A survey report on the actual condition and a report on the circumstances of the driver with the main driver;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances of the reason for sentencing) - The defendant has the record of having been punished several times for the same crime. - The favorable circumstances are very high in alcohol level at the time of committing the crime. - The defendant has no record of being sentenced to a fine so far. The defendant has no record of being sentenced to a fine until now. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.