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 May 19, 2008, the Defendant received a summary order of KRW 3 million from the Changwon District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Changwon District Court on March 15, 2010 as a crime of violation of the Road Traffic Act.

On October 26, 2018, at around 19:17, the Defendant driven a e-learning car in the state of alcohol alcohol concentration of approximately 0.156% from the 3km section from the front road of the Masan-si, Changwon-si, Masan-si, to the front road of the D parking lot located in the Masan-si, Changwon-si, Masan-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than 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. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 the latter part of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. has the record of being punished by a fine for a violation of the Road Traffic Act on three occasions.

Nevertheless, since the Defendant again commits the same offense by drinking alcohol, it is inevitable to sentence the Defendant to imprisonment with prison labor as it is difficult to achieve the purpose of punishment no longer by sentencing a fine.

Therefore, the sentence of imprisonment with prison labor is imposed within the range of imprisonment with prison labor (six months to one year and six months) for the crime in the judgment, the confession and reflect of the defendant, and the occurrence of traffic accident caused by the defendant's crime, but the other person's life is the same.