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 21, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving) in the Changwon District Court's Msan Branch branch on May 21, 2012, and a summary order of KRW 4 million with the same crime in the same court on January 20, 2017, respectively.

On September 2, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.087% from the 3km section of around 09:30,000 to the 3km road located in the same Eup/Myeon, where the trade name in the non-resident, non-resident, non-resident, and non-resident, cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the circumstances of the driver in charge) and the statement on the circumstances of the driver in charge (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification, etc. of the same criminal suspect A);

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 three 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 shall be imposed within the scope of the punishment imposed on the crime in the judgment (six months to one year and six months), considering the fact that the defendant led to the confession and reflect of the crime, the traffic accident of the defendant does not occur due to the crime, and the fact that the defendant has no criminal record of suspension of qualification or more than the punishment imposed on the defendant, the punishment shall be determined as ordered.