A defendant shall be punished by imprisonment with prison labor for up to six months.

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 March 23, 2009, the Defendant was issued a summary order of KRW 500,000 by the Jeonju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on June 15, 2015, the same court issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act.

[Criminal facts] On October 14, 2016, the Defendant driven BA-pubed car under the influence of alcohol concentration of about 0.190% in a section of about 50 meters from the front of the South Korean elementary school located in Samcheon-dong 1, Samcheon-dong, Samcheon-gu, Samcheon-gu, Samcheon-do to the front of the U.S. fireworks at approximately 65 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on the Protection and observation of an order to attend a course - Circumstances unfavorable to the accused: The degree of main practice (0.190% alcohol level in blood) and twice the same criminal records (driving alcohol level). At least three times of suspended execution, the circumstances favorable to the accused are recognized; - There are no criminal records of the same kind or higher in the suspended execution, and the sentencing conditions under Article 51 of the Criminal Act are comprehensive;