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 July 27, 2009, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million on December 12, 201 for a crime of violating the Road Traffic Act in the Changwon District Court Support.

On May 14, 2018, at around 22:00, the Defendant driven a motor vehicle B under the influence of alcohol content of approximately 7 km from the 7km section of blood at around 0.136% while under the influence of alcohol at around 0.136% of alcohol level from the 7km section of the Masan-si, Changwon-si, Changwon-si, Masan-si, the roads near the water control of the Masan-si, Changwon-si, to the erosc

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. A response to a request for appraisal, or a report on the detection of the principal driver;

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 (Attachment of a summary order to the suspect's previous history);

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 traffic laws on roads at least three occasions.

However, since the defendant committed the same crime by drinking again and driving a motor vehicle, it is inevitable to sentence imprisonment with prison labor because it is difficult to achieve the purpose of punishment any more by sentencing a fine to the defendant.

Therefore, the sentence of imprisonment within the scope of the applicable sentence (6 months through one year and six months) against the crime in the judgment, and the defendant's person who led to confession and reflects the crime.