A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On February 21, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court, on March 30, 2007, to a summary order of KRW 2 million for the same crime at the Changwon District Court, respectively. On January 3, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime at the Changwon District Court.

Although the Defendant had been punished for driving under the influence of alcohol more than twice, the Defendant once again driven CKan vehicle at a section of approximately 170 km from the border road located on the front of the building at the time of Jin-si, Kimcheon-si, while under the influence of alcohol content of 0.152% in the blood around June 26, 2018, while he was under the influence of alcohol at around 15:28,00.

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 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. 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount is that the defendant has already been punished three times due to a violation of the Road Traffic Act (dacting driving).

Among them, the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving) shall be punished by imprisonment with prison labor for four months at the same time, but the execution of the sentence has been suspended for two years.

However, as the Defendant committed a crime of violating the Road Traffic Act by taking a driving vehicle while drinking again, it is difficult to achieve the purpose of punishment or a suspended sentence for the Defendant.

The above.