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 September 10, 2007, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court for a violation of the Road Traffic Act. On January 29, 2010, the Defendant was sentenced to a fine of KRW 1 million by the Changwon District Court for a violation of the Road Traffic Act.

On September 18, 2018, at around 00:00, the Defendant driven a Crens car with a blood alcohol concentration of about 0.093% from the Changwon Agricultural Products Wholesale Market in the Changwon-si, Changwon-si, the distribution complex of Seowon-si, the Changwon-si, to approximately 3 meters, from around 1km to the front road of Changwon-si, the Defendant driven a Crens car under the influence of alcohol concentration of about 0.093%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (reports attached to the judgments of the same kind as the suspect), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) applicable to the crime

1. Selection of imprisonment with prison labor chosen;

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 under the latter part of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. has the record of being punished by a fine for a violation of the Road Traffic Act on two occasions.

Nevertheless, since the Defendant again commits the same offense by drinking alcohol, it is inevitable to sentence the Defendant to imprisonment with prison labor as it is difficult to achieve the purpose of punishment no longer by sentencing a fine.

Therefore, the sentence of imprisonment shall be imposed within the range of imprisonment with prison labor (six months to one year and six months) for the crime in the judgment, and the accused leads to confession and reflects the crime.