A defendant shall be punished by imprisonment for one year.

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 August 10, 2009, the defendant was issued a summary order of a fine of one million won by the Chuncheon District Court due to a violation of the Road Traffic Act.

On February 2, 2020, the Defendant was under the influence of alcohol of 0.134% of blood alcohol concentration at around 02:39, and the Defendant was driving a horse-type vehicle over approximately 3.6 km from the roads near C cafeteria in Chuncheon City B to the roads near Chuncheon City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, appraisal report on blood alcohol, and inquiry into the results of crackdown on driving under the influence of alcohol (investigative records No. 44);

1. Previous records: Application of inquiry reports and outputs of written judgments to Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 Act, even though the Defendant had a record of criminal punishment once due to drunk driving, was also under the influence of drinking, and the blood alcohol concentration level of the Defendant was considerably high. The Defendant was under the influence of driving on the road, and the risk of the instant crime was high.

However, there is no criminal history other than the previous conviction that the defendant was sentenced to a fine for about 10 years, and the defendant's age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc. shall be considered and determined as ordered by the order, taking into account the various sentencing factors in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relationship, and circumstances at the time of the crime.