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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal power] On January 18, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on April 24, 2009, KRW 1.5 million as a fine for the same crime at the same court on April 24, 2009, and KRW 5 million as a fine in the same court on December 23, 201.
【Criminal Facts】
On August 21, 2016, around 17:30, the Defendant driven a B-type car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.097% from the 100-meter section to the 100-round Myeonsan High School located in the same Myeonsan High School located in the two roads of the cafeteria, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that there exists a history of punishment several times for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That the punishment shall be determined as ordered by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that there exists no criminal record heavier than the fine, blood alcohol concentration, the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the circumstances after the crime;
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).