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 two years from the date this judgment becomes final and conclusive.

Criminal facts

On October 28, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 2.5 million for the same crime at the Changwon District Court on August 25, 2015, respectively.

On January 24, 2018, the Defendant driven B-low-income car in the state of alcohol alcohol level of approximately 0.070% in the section of about 25 meters from the 25km to the roads near the G-gun, Gyeongwon-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, G-do, LH-gun, LH-gun, G-gun, G-gun, G-gun.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Previous convictions indicated in judgment: Inquirys such as criminal history, investigation reports (verification, etc. of suspect A's history of driving alcohol), and application of the summary order under statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture has the record of being punished by a fine for a violation of the Road Traffic Act on two occasions.

However, as the Defendant has committed the same offense by drinking again with driving a motor vehicle, it is inevitable to sentence the Defendant to imprisonment with prison labor as it is difficult to achieve the purpose of punishment any more because the Defendant is sentenced to a fine.

Therefore, the sentence of imprisonment within the scope of the applicable sentence against the crime in the judgment (six months to one year and six months), and the fact that the defendant led to the confession and reflect of the crime, and that there was no significant damage caused by the defendant's crime.