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.

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 2 million by the same court on February 13, 2013 as a crime of violating road traffic law (drinking driving) in the support of the Suwon Frigwon on July 8, 2009, and the defendant was issued a summary order of KRW 2 million by the same court on February 13, 2013 and has the same kind of power four times.

[Criminal facts] On March 27, 2017, the Defendant driven BM5 car at the 1km section from the 200th street to the 30th street of 233rd street as it was under the influence of alcohol content 0.14% in the blood transfusion around 01:44, the Defendant driven BM5 car at the 1km section from the 200th street to the 30th street of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the result of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report on attachment to the same type of case);

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. The reason for sentencing of Article 62-2 of the Criminal Act, including the defendant's refusal to measure alcohol consumption, once again drives alcohol at the same level, including the defendant's refusal to do so, and the drinking alcohol level is hot.

However, the court shall take into account the facts that the defendant is led to confession and reflects, and that there is no criminal record exceeding the suspension of execution, and shall determine the punishment as ordered by considering various sentencing conditions, such as the age and sexual conduct of the defendant.