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 June 21, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of road traffic laws in the Changwon District Court's Musan Branch branch on June 21, 201, and a summary order of KRW 4 million with the same crime in the same court on September 19, 2014, respectively.

On January 19, 2018, at around 23:25, the Defendant driven a B observer car under the influence of alcohol concentration of 0.209% in a section of about 500 meters from the road near the 3rd village of the Eup in the Changwon-si, Changwon-si to the roads near the 500th village of the same Eup/Myeon.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

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 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the Republic of Korea is that the Defendant has been punished by a fine due to a violation of the Road Traffic Act, even though he/she had committed the same offense once more than four times, so it is inevitable to sentence the Defendant to imprisonment with prison labor as it is difficult to achieve the purpose of punishment any longer.

Therefore, the punishment shall be determined within the range of the punishment to be imposed on the crime in the judgment (six months to one year and six months) and the punishment shall be determined as ordered by taking into account the following facts: (a) the confession and reflect of the defendant is committed; (b) the defendant does not cause any other damage due to the defendant's crime; and (c) the defendant has no criminal record other than the above four times of fine.