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 February 26, 2018, at around 23:30, the Defendant driven a franchising car with approximately KRW 7km alcohol concentration of 0.202% under the influence of alcohol from the parking lot in the Dongsan Hospital located in the Changwon-si, Changwon-si to the road of 0.202% of alcohol concentration in blood at the 7km section from the parking lot in the Dongsan Hospital located in the Changwon-si, Changwon-si, Busan-si.

Summary of Evidence

1. Part of the defendant's legal statements;

1. A written statement;

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. Application of Acts and subordinate statutes to a response to a request for drinking appraisal;

1. Article 148-2 (2) 1 and Article 44 (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 been that the Defendant has been punished by a fine for a violation of the Road Traffic Act or a violation of the Road Traffic Act over several occasions.

However, as the defendant has committed a crime of violating the Road Traffic Act by taking a driving vehicle again after drinking again, it is inevitable to sentence imprisonment with prison labor because it is difficult to achieve the purpose of punishment any more because the defendant is sentenced to a fine.

Therefore, the sentence of imprisonment is to be imposed within the range of the applicable sentences (six months to one year and six months) for the crime in the judgment. Although the defendant argues the alcohol concentration in blood, the overall crime is recognized and reflected, the defendant does not cause any other damage due to the defendant's crime, the defendant has no criminal record of suspension of qualification or more severe punishment, and the defendant has a disability and health is not good, the sentence is to be determined as per the disposition.