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 February 23, 2009, the Defendant issued, at the Changwon District Court, a summary order of KRW 3 million on September 14, 2009, a fine of KRW 4 million for the same offense, etc. at the same court on September 14, 2009, and on December 30, 2013, a summary order of KRW 5 million for the same offense, etc. on December 30, 2013, respectively.

Although the Defendant had three times the history of punishment for drinking driving, the Defendant, while under the influence of alcohol at around 03:40 on July 29, 2018, driven a B-L car from the 1km section to the front of the GS convenience store located in the GS convenience store located in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, the alcohol concentration of which was 0.140%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2(1)1 and Article 444(1)1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) on criminal facts

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 three 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 punishment of the crime in the judgment is sentenced to imprisonment.