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 13, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 24, 2008, a fine of KRW 2,00,000 as a fine for the same crime at the same court on November 24, 2008, and a fine of KRW 5,00,000 as a fine for the same crime at the Changwon District Court Msan Branch on January 3,

Although the Defendant was punished twice or more due to drinking driving as above, he again driven a car with a volume of 500 meters from the parking lot of “Gangwon-si, Changwon-si, an Eup/Myeon” located in the same Ri and located in the same Ri to the front road of middle school, while under the influence of alcohol at around 00:05 on March 10, 2018, the Defendant was under the influence of alcohol at around 0.172%.

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. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal 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 Courses has the record of being punished by a fine due to a crime of violating the Road Traffic Act on three occasions.

However, since the defendant has committed the same crime by drinking once again, 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 with prison labor within the scope of the applicable sentence against the crime in the judgment (six months to one year and six months) is to be imposed, the confession and reflect of the defendant, and the traffic accident is to be caused by the defendant's crime.