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 July 26, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3 million for the same crime in the same court on March 6, 2015, respectively.

Although the Defendant had been punished for drinking driving two times as above, he again driven a car B in the direction of about 1 km from around August 20, 2018 to about 32-19, in front of the “7080Rabro Kabro” located in the middle of the 83-ro of the Habro in the Haban-ro, Haban-gun, Haban-gun, Haban-gun, the Defendant was under the influence of alcohol content of 0:04 on August 20, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver at the home and the circumstantial statement of the driver at the home; and

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 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 shall be imposed within the scope of the applicable sentence against the crime in the judgment (six months to one year and six months), and the defendant shall be the defendant.