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 April 29, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking) in the Changwon District Court's smuggling support on April 29, 2008, and a fine of KRW 1 million due to a violation of road traffic law (drinking) in the same court on September 14, 201, respectively.

On May 30, 2018, the Defendant driven a “Yariaeaea” car parking lot located in one way in the Hamban-gun, Hamban-gun, Hamban-gun on May 30, 2018, from around 10 meters to the road strawer, the Defendant driven a B Amhum-p car with alcohol concentration of at least 0.05% under the influence of alcohol level from around 0.05%.

Accordingly, the defendant, who violated the prohibition of drinking at least 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. 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 a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports attached to the previous summary order of the suspect);

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 range of the applicable punishment (6 months to one year and six months) for the crime in the judgment, the fact that the defendant led to the confession and reflect of the crime, and that there was no other damage caused by the traffic accident due to the defendant's crime.