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 September 21, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on December 13, 2010.

【Criminal Facts】

On March 31, 2019, at around 03:22, the Defendant driven a B-car under the influence of alcohol content of about 0.088% at a section of approximately 500 meters in front of the Jin-gu, Jin-si, Jin-si, Kim Young-si, Kim Young-si, in front of the middle intersection of the Jin-do.

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. Investigation report (report on the circumstances of an immigration driver) and report on detection of an immigration driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

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 regarding community service and order to attend a lecture has already been sentenced to a fine by the Defendant for drinking driving in 201 and 2005, in addition to the criminal records as indicated in the judgment.

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 on the crime, did not cause harm to others due to the defendant's crime, and the defendant has no record of committing a crime exceeding a separate punishment.

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