A defendant shall be punished by imprisonment for not more than ten 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 January 14, 2008, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on August 31, 2015, respectively.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice, driven a etibl vehicle under the influence of alcohol 0.130% from the section of approximately 500 meters of alcohol content to the front road of the D apartment located in the same city from the adjacent road in Kimhae-si B around April 22, 2019 to the day of the D apartment located in the same city.

As a result, even though the Defendant violated the prohibition of drunk driving more than twice, he again passed a drunk driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the result of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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 under Article 62-2 of the Criminal Code of the community service order and the defendant committed a second offense without being aware that he/she had been punished twice due to drunk driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The previous department was sentenced to a fine prior to the whole years.

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.