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 March 9, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 2 million for the same crime at the same court on April 15, 2013, respectively.

On July 18, 2018, at around 04:15, the Defendant driven a motor motor device under the influence of alcohol level of about 0.172% from the 45m section to the front of the convenience store of the 45m alcohol level of the blood alcohol level of around 0.172% from the 12m to the 13m valley in the middle-ro, Changwon-si, Changwon-si, Masan-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 (Attachment of a summary order to the suspect's previous 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(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 with prison labor within the range of the applicable punishment (6 months to one year and six months) for the crime in the judgment, the fact that the defendant led to the confession and reflect of the crime, and that there was no other damage caused by the traffic accident due to the defendant's crime.