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 October 31, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court’s Mapo Branch for the crime of violation of the Road Traffic Act. On March 25, 2015, the same court was sentenced to a fine of one million won for a violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2019. 3. 5. 22:50경 창원시 마산합포구 B아파트 앞길에서 같은 구 밤밭고개로 240-37에 있는 청량산터널 출구 앞길까지 약 2km의 구간에서 혈중알콜농도 0.058%의 술에 취한 상태로 C 봉고 화물차를 운전하였다.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of past records, such as a suspect's drinking driving);

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 Criminal Act on community service and lecture attendance order has the record of having been sentenced to a fine of 1.5 million won for drinking driving in 2003 in addition to the criminal records as stated in the 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 confession of and reflect against the crime, and did not cause harm to others due to the defendant's crime, and the defendant has no record of crime exceeding the fine except the suspended sentence of imprisonment in 1985.

In addition, the age, character and conduct, environment, background of crime, and crime of the defendant.