A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On February 1, 2010, the Defendant received a summary order of KRW 1,500,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million as a fine in the above court on August 28, 2012, respectively.

【Criminal Facts】

On July 1, 2016, the Defendant was under the influence of alcohol of 0.106% in blood alcohol concentration at around 23:26, the Defendant was driving a B-hurd motor vehicle at approximately KRW 100 meters from the 100-meter section to the front road of the Yol elementary school located in the Yandong-gu Seoul Metropolitan City, Jeju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of an employee;

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

1. Previous records: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all facts of crime are recognized and considered to be more favorable: Although there are three times the history of punishment of fine for the same kind of crime, the fact that the crime of this case was committed, and that the blood alcohol concentration is not low, the blood alcohol concentration and driving distance, motive and circumstances after the crime, circumstances after the crime, the defendant's occupation, age, and family relationship are determined as ordered by the order.