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.

Punishment of the crime

[Criminal Power] On January 10, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court, and on May 24, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

【Criminal Facts】

On July 20, 2016, around 21:10 on Jeju Island, the Defendant driven Ckn Law car in the state of alcohol of about 0.094% of blood alcohol concentration at approximately 500 meters from the front of the Jeju High School located in the same Dong to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previouss of judgments: Criminal records, inquiry reports, written judgments, and application of Acts and subordinate statutes attached to summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was issued a summary order once for the violation of the Road Traffic Act prior to the instant crime, and that the Defendant committed the instant crime even though he was sentenced to a suspended sentence of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death and injury of a dangerous driving) and the violation of the Road Traffic Act on one occasion. In light of the fact that the Defendant committed the instant crime, it is necessary to strictly punish the Defendant.

However, the defendant led to the confession of the crime of this case, and the blood alcohol concentration of the defendant was not significantly high at the time of the crime of this case, and the defendant has no power to commit any other crime except two times due to the above drunk driving. The sentencing example in similar cases, the age, character and conduct, environment, circumstances after the crime, and others.