A defendant shall be punished by imprisonment for six 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

[criminal power] On May 30, 2007, the Defendant was notified of a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act (hereinafter referred to as the “Food Driving”). On August 21, 2008, the Defendant was notified of a fine of KRW 5 million by the same crime, etc. in the same court. On June 15, 2012, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime.

【Criminal Facts】

On September 10, 2016, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, driving a B B B sathn vehicle under the influence of alcohol level of about 0.160% in a section of about 3km from the front of the clive elementary school located in the Daegu Northern-gu, Seogu, Seo-gu, Seoul, to the end of the clive elementary school located in the clive road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before ruling: Application of three copies of references to criminal records, written judgments, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant has a record of being punished for drinking driving several times, and the above punishment records include a suspended sentence sentenced in around 2012, but also committed this case.

A favorable normal situation: The defendant again does not commit the same kind of crime.