A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On January 6, 2012, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court on the same day, and on August 13, 2012, a fine of 2 million won for the same crime at the same court on the same day, and the previous conviction of drinking is added once.

[2] On December 7, 2015, the Defendant driven CM5 vehicle owned B at a distance of 100 meters from the middle school located in the Daegu Suwon-dong to the front day of the children’s hall at the same location while under the influence of alcohol content of 0.106 percent during blood around December 21, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous and summary order);

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant has been punished for traffic-related crimes including drinking, and that the defendant has the ability to escape while passing a trial is disadvantageous, or that there is no record of being sentenced to punishment exceeding the fine due to the same kind of crime, the favorable circumstances of the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various reasons indicated in the arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, shall be determined as the order.