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 August 4, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on August 4, 2006, and a summary order of KRW 2.5 million for the same crime from the Changwon District Court Msan Branch on May 30, 201.

Although the Defendant had been punished for drinking alcohol twice, he once again driven BK5 car from the 7km section from the restaurant parking lot to the bottom of the sub-culbridge in the Changwon-si 277-31, in a state of under the influence of alcohol level of 0.153% among blood transfusion around September 13, 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. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

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 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 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.