A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On March 25, 2013, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court, and on October 22, 2014, issued a summary order of KRW 4 million for the same crime at the Busan District Court.

On May 19, 2019, at around 00:15, the Defendant driven a frist vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.221% from the front road in Changwon-si Mhappo City B to the Ermothing road in the same Gu D.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. A written statement of the G production;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 Criminal Code of the Order of Education and the Order of Community Service has already been punished four times due to drinking driving, and the defendant has been driving the drinking once again, and it seems that it is inevitable to punish the defendant.

The blood alcohol concentration is also high.

On the other hand, the defendant led to confession and reflect on the crime, did not cause harm to others due to the defendant's crime, and did not have any record of crime exceeding the fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.