A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On April 8, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 8, 2013. On April 6, 2017, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

[2] The Defendant, while under the influence of alcohol level 0.136%, driven a B observer car at around September 6, 2018, around 21:50, Kimhae-ro 165, and around 3 meters at the friendly elementary school parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentence of one year under Article 62-2 (1) of the Criminal Act to be sentenced to imprisonment with labor: The occurrence of traffic accidents, the concentration of alcohol in blood, etc.; Grounds for mitigation, etc.: Confession, etc.; imprisonment with labor for one year/ suspended sentence; two years; imprisonment with labor for 40 hours; and grounds for aggravation of 80 hours in community service: Confession, etc.;