A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final.

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

Criminal power is sentenced to a fine of KRW 3,00,000 for a violation of the Road Traffic Act (driving) in the Chuncheon District Court on January 30, 2018 (see the evidence record No. 36).

Criminal facts

On July 17, 2020, the Defendant driven the Franchising vehicle over approximately 24 km from the G Apartment-dong parking lot in Chuncheon to the “E” road located in Gangwon Hongcheon-gun D, Gangwon-do, under the influence of alcohol level of 0.086% (see, e.g., evidence record No. 10) with a blood alcohol level of 0.086% (see, e.g., evidence record) around 07:44 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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, Article 59 of the Act on Probation, Etc., committed the instant crime, which is the same kind of crime, around the lapse of two years and six months, even though the Defendant had a record of punishment on January 30, 2018.

The distance of drinking driving of the instant case is relatively long.

In light of this, the responsibility of the defendant is heavy.

However, it is different from the punishment power of January 30, 2018.