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 March 25, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court on March 25, 2008, and on May 13, 2013, issued a summary order of KRW 2 million as the same crime from the Changwon District Court Msan Branch on May 13, 2013, and is a person who has the record of punishing drinking driving more than twice.

On July 3, 2018, at around 22:50, the Defendant driven a ewing truck with alcohol level of about 200 meters from the Haan-gun B market public parking lot in Haan-gun, Haan-gun, to the front road of the D cafeteria located in C, while under the influence of alcohol level of about 0.187%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: References such as criminal history (A) and application of Acts and subordinate statutes to investigation reports (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 within the range of the applicable sentences to the crime in the judgment (six months to one year and six months) is imposed, and the accused confessions and reflects the crime, the accused does not cause any other damage due to the traffic accident, although the accused has a criminal record of a total of times, he has been sentenced to the suspension of qualification for the same crime.