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 of the final judgment.

Punishment of the crime

[criminal power] On February 11, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on October 24, 2012, the above court issued a summary order of five million won for the same crime, etc. on October 24, 2012. On November 1, 201, the Defendant was sentenced to a fine of four million won for the same crime, etc. at the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On August 7, 2014, at around 01:25, the Defendant driven a 500-meter B Radon car at the front of the tin elementary school located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in the state of alcohol of 0.186% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the inquiry into the results of crackdown on drinking driving, the report on the circumstances of drinking driving, the inquiry request for appraisal, the written appraisal of blood alcohol and the report on detection of a drinking driver;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: In addition to the criminal records stated in all the criminal facts as stated in the judgment, the sentence of imprisonment for eight months, probation two years, community service, 80 hours, and 40 hours of order to attend a lecture (limited to a reasonable circumstances) includes the fact that the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents was committed on April 23, 2003, that there was a history of eight months of imprisonment without prison labor, two years of suspended sentence, two years of suspended sentence, repeated drinking, and the violation of the special provisional law in the case of fines on November 1, 2012, and that the high blood alcohol concentration of the instant high blood alcohol concentration.