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.

Criminal facts

[criminal power] On January 25, 2008, the Defendant was issued a summary order of 1.5 million won by the Suwon District Court for a violation of the Road Traffic Act (driving). On July 22, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court.

【Criminal Facts】

On September 18, 2015, at around 22:42, the Defendant driven B 9 vehicles under the influence of alcohol with approximately KRW 700 meters alcohol concentration of approximately 0.140% from the section of approximately 70 meters to the road front of the Jinnam Elementary School, which is located in the same city’s attempted air route, from the emergency fisheries road located in 155-gil, Simyeong-si, Simnam.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, 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. Determination of the sentence of Article 51 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Criminal Act, including community service and lecture attendance order, the blood alcohol concentration and distance, the history and distance of driving, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment and circumstances after the crime, shall be imposed on the defendant.