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.

Punishment of the crime

[criminal power] On February 2, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on March 27, 2014.

【Criminal Facts】

On January 10, 2019, at around 01:00, the Defendant driven a Eone Star passenger car with a blood alcohol concentration of about 0.080% in the front of the Changwon-si D even on the road in front of the C cafeteria located in Changwon-si, Changwon-si B.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle, etc. at least twice under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving not less than twice);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Criminal Act has the record of having been sentenced to a fine of KRW 700,000 due to drinking driving in 202 in addition to the criminal records already stated in three times.

In light of the fact that a person drives a gold again despite being exposed to a drinking driving throughout the course of drinking, it is difficult to impose a fine on the defendant any more difficult to achieve the purpose of punishment.

On the other hand, the defendant led to the confession and reflect of the crime, and did not cause harm to others due to the defendant's crime, and the defendant has no record of the crime exceeding the fine except the suspended sentence due to traffic accidents in 192.

In addition, the sentencing conditions such as the defendant's age, character, environment, circumstances, and circumstances after the crime are considered.