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.

Punishment of the crime

[criminal power] On April 28, 2008, the Defendant issued a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act at the Changwon District Court, and on June 29, 2009, a summary order of KRW 700,000 was issued by the same court as the same crime.

【Criminal Facts】

On December 31, 2018, the Defendant driven the EM5 vehicle under the influence of alcohol of about 0.141% of alcohol concentration at a distance of about 10km from the front road of the D Apartment-gu, Changwon-si, Masan-si, Masan-si, Seoul-si, to the front road of the D Apartment-gu, Changwon-si.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle, etc. at least twice under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of drinking driving force not less than twice);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 Social Service and Criminal Act is that the Defendant once again drives a gold alcohol in drinking condition despite having been discovered two times, and that the blood alcohol content was considerably high at the time of the instant crime, etc., it is difficult to further punish the Defendant as a fine.

As above, in addition to the above circumstances unfavorable to the defendant, the defendant led to the confession and reflect of the crime, the defendant did not cause damage to others due to the defendant's crime, the defendant has no record of punishment except two cases recognized earlier, and all of the above records have long been about 10 years ago, and all of the sentencing conditions, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., are satisfied.