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 September 30, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the Changwon District Court's branch on September 30, 2008. On May 23, 2011, the Defendant was issued a summary order of KRW 2 million as a fine for the same crime.

On March 1, 2019, at around 22:35, the Defendant driven CM5 vehicle while under the influence of alcohol of about 2 km from the 2km section to the roads in front of the Haan-gun, Haan-gun, Haan-gun, Haan-gun, the Defendant, at around 22:35, driven CM5 vehicle in the state of alcohol of 0.102% of blood alcohol content.

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 convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate statutes attached to the same type of power;

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 seems to be difficult to achieve the purpose of punishment no more than a fine is imposed on the defendant, in light of the fact that the defendant drives drinking again in drinking condition despite the fact that he/she has been already exposed to drinking twice.

On the other hand, the defendant led to confession and reflect on the crime, did not cause harm to others due to the defendant's crime, and there was no record of punishment except the records of the crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.