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 March 9, 2007, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Suwon Flag Flag Flag, and a fine of KRW 1.5 million for the same crime in the same court on September 26, 2013, respectively. On July 23, 2014, the Defendant was sentenced to a fine of KRW 9 million for a violation of the Road Traffic Act (driving) at the same court.

[2] The Defendant: (a) was a person who violated the Road Traffic Act by drinking two times or more as seen above; and (b) was under the influence of around 0.232% of alcohol level in the form of alcohol level in the Creing room located in the wife population B around 3:30 on April 20, 2017, the Defendant driven D SM5 automobiles while driving them at around 1m.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement on the circumstances of the driver involved, response to a request for appraisal, and report on the detection of the driver involved;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of a previous conviction before and after the disposition (Attachment to summary orders, etc.);

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 accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The distance of the defendant's drinking driving is short.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.232% high.

The defendant caused an accident while driving alcohol.

There is a record of being fined three times due to drinking driving, as stated in the criminal records of the defendant's judgment.

In addition, the age, sex, career, environment, circumstances and results of the crime of the defendant;