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 May 6, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 3 million due to a crime of violating the Road Traffic Act (drinking driving), and on March 9, 2016, a summary order of KRW 2 million from the Changwon District Court's Msan Branch to the same crime, respectively.

Although there are two occasions of the past records of punishment for drinking driving, the Defendant, while under the influence of alcohol at around 23:04 on October 11, 2018, driven a typ car with B low-speed car from around 1.5 km section from the 1.5km apartment apartment parking lot located in the Changwon-si, Changwon-si, Busan Metropolitan City, to the front side of the Seocho apartment located in the Eup in the same Eup.

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. 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 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 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 traffic laws on roads at least two occasions.

However, as the Defendant has committed the same offense by taking a driving stand in the state of drinking again, it is inevitable to sentence the Defendant to imprisonment with prison labor because it is difficult to achieve the purpose of punishment any longer by sentencing a fine.

Therefore, the sentence of imprisonment within the scope of the applicable sentence (6 months through one year and six months) against the crime in the judgment, and the defendant's person who led to confession and reflects the crime.