A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 20, 201, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on October 21, 201, a summary order of KRW 3,00,000 as a fine of KRW 1,00 for the same crime, respectively.

【Criminal Facts】 On June 21, 2019, at around 01:14, the Defendant driven a D car while under the influence of alcohol level of about 45 km from the dormitory of the C company located in Gyeonggi-si, B to the IC instead of the 2 Young-dong Highway to the IC instead of the 2 Young-dong Highway, while under the influence of alcohol level of 0.19%.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The autopsy report on the occurrence of the case, the report on the circumstantial statement of the drinking driver, the investigation report (the circumstantial report of the drinking driver), and the crackdown on drinking driving; and

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;

1. Imprisonment with labor under Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (number of times, timing, etc. of the same kind of electricity);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of the suspended sentence of the same kind or more);

1. Social service order under Article 62-2 of the Criminal Act;