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

On April 25, 2011, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 6 million from the Changwon District Court Msan Branch on August 20, 2012 to a fine of KRW 1.5 million for the same crime, respectively.

Although the Defendant had had a power of driving under the influence of alcohol two or more times as above, on April 12, 2018, he once again driven a 400-meter B high-speed car at the front of the Seocho apartment apartment located in the Changwon-gu, Changwon-gu, Changwon-gu, Seoul, with a alcohol level of 0.156% at around 0:05, while under the influence of alcohol level of 0.156%, the Defendant driven a more 100-meter high-speed car at the front of the Seocho apartment located in 1019, as in the south of the same Eup/Myeon.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

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: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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 the Road Traffic Act on two 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 scope of the applicable sentence against the crime in the judgment (six months to one year and six months) is to be imposed, and the defendant leads to the confession and reflect of the crime and the traffic accident of the defendant is to be different.