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 12, 2009, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Changwon District Court Msan Branch on September 14, 2015 to a fine of KRW 4 million for the same crime.

On August 24, 2018, at around 23:50, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol concentration of about 0.175% from the 1km section of blood alcohol at around 1km, from the front of the restaurant where it is impossible to know the trade name on the north 1 road of Changwon-si, Changwon-si culture, Changwon-si to the end of the same day of the night dry field 401.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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 records as the suspect A);

1. Article 148-2(1)1 and Article 444(1)1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) on criminal facts

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 traffic laws on roads at least two occasions.

However, as the Defendant has committed the same offense by taking a driving stand in the state of drinking again, it is inevitable to sentence the Defendant to imprisonment with prison labor because it is difficult to achieve the purpose of punishment any longer by sentencing a fine.

Therefore, the sentence of imprisonment with prison labor shall be imposed within the range of the punishment imposed on the crime in the judgment (six months to one year and six months), taking into account the fact that the defendant is her mother, the defendant's traffic accident does not occur due to the defendant's crime, and the defendant has no criminal record of suspension of qualification or more than a sentence of suspension of qualification, the sentence shall be determined as ordered.