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.

Punishment of the crime

On April 24, 2013, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law (driving), etc. at the Changwon District Court Msan Branch branch on April 24, 2013, and a summary order of KRW 2.5 million due to a violation of road traffic law (driving) at the Changwon District Court Msan Branch on April 17, 2015, respectively.

On October 19, 2017, at around 01:20, the Defendant driven BMW car under the influence of alcohol concentration of approximately 0.076% in blood on the section of approximately 1.5km from the roads in front of the “newized Master Commercial Code” located in Changwon-dong 211-5, Changwon-si, Changwon-si, Changwon-si, Masan-si, Changwon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 an investigation (reports attached to the previous summary order of the suspect);

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) is to be imposed, and the defendant confessions and reflects the crime, and is to be committed by the defendant.