A defendant shall be punished by imprisonment for six 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 February 13, 2012, the Defendant received a fine of KRW 5 million from the Busan District Court as a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Busan District Court's branch on March 31, 2015 to the violation of the Road Traffic Act (driving).

On August 31, 2015, around 21:50 on August 21, 2015, the Defendant driven a C-hool car with a blood alcohol concentration of about 0.171% under the influence of alcohol at about 10 meters in front of the Green Elementary School located in Gangseo-gu Busan Metropolitan City, with the front day of the Green Name Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

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

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

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as reflectivity of the accused, driving distance, and fact that there is no record of a crime exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;