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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.
Reasons
Punishment of the crime
On September 12, 2006, the defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act at the Busan District Court on September 12, 2006, and on April 23, 2014, the defendant was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on April 23, 201, and driven a motor vehicle under the influence of alcohol at least twice.
Nevertheless, the Defendant, while under the influence of alcohol level of 00:35 on April 23, 2015, driven a c car with approximately KRW 800 meters from the front side of the Dong Middle School located in Busan Dong-dong, Busan, which is located in the same hot spring Dong-dong from the front side of the Dong Middle School located in the same Gu-dong, and driving a c car with the maximum of 800 meters from the front of the department store.
Summary of Evidence
1. Defendant's legal statement;
1. Written consent to the collection of blood, written report on the request for appraisal, and written report on the driver of the drinking water;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (report accompanied by a copy of summary order);
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 circumstances, such as the reflection of the accused and the fact that there is no record of the crime exceeding the fines);
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;