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.

Criminal facts

On March 23, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court, and on July 23, 2010, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for the same crime in the same court.

On June 11, 2015, at around 00:40, the Defendant driven a car free-to-land on the front side of the dong-dong Elementary School located in Changwon-si, Changwon-si, in a state of alcohol with a blood alcohol concentration of 0.129%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes concerning criminal records;

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 chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;