A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 7, 2011, the Defendant was sentenced by the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on January 15, 2015, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court on January 15, 2013, and on July 28, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the same court on at least two occasions.

On 16, 2018. 16. 01. 01:25, the Defendant driven Cone Star Corer under the influence of alcohol content of about 0.140% at the 1km section at the entrance of North Changwon IC located in the north of the window of Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;