A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 13, 2008, the Defendant was sentenced to a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act, etc., and on December 10, 2010, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for a violation of the Road Traffic Act at the Chuncheon District Court on December 10, 201.

On April 27, 2015, at around 20:35, the Defendant driven a c-wing truck under the influence of alcohol content of about 100 meters from the 100-meter section to the front path of the Kannam kindergarten located in Seogdong-ri, Seoyang-gu, Ulsan-si, Ulsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same crime even though he had been punished three times due to drinking driving, including one time the force of probation, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving shall be punished more strictly.

It is the sentencing factor favorable to the defendant that the defendant has transferred the motor vehicle owned by him/her to another person, because the defendant's time to commit the crime and reflects, that the defendant's blood alcohol concentration is not emphasized, that two years have passed since the expiration date of the immediately preceding suspended execution period, and that

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the punishment shall be determined as ordered and the execution of such punishment shall be suspended, but social service shall be suspended.