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

On January 3, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Ulsan District Court, and on June 12, 2009, to a suspended sentence for 4 months for a violation of the Road Traffic Act at the Ulsan District Court.

On December 26, 2012, at around 23:45, the Defendant driven C Poter Cargo Vehicles under the influence of alcohol leveling 0.096% from the vicinity of the Jung-dong Confucian School in Ulsan Metropolitan City to the front of the Dong principal school in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

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

1. Probation, community service order, order to attend lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in light of the defendant's past records, etc.) despite the same and seven times more than the same records, prior to the reasons for sentencing, the crime of this case was committed; the degree of blood alcohol concentration in this case; the defendant's age, family environment, etc.; and the punishment shall be determined as ordered

It is so decided as per Disposition for the above reasons.