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

[Criminal Power] On June 12, 2015, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On November 7, 2019, the Defendant, while under the influence of alcohol content of 0.037% on blood alcohol content on November 7, 2019, driven a fwing-III truck from approximately 300 meters to the front road of “E” located in D, Gangwon-gun, Gangwon-do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, notification on the results of the control of a drinking-driving, measurement photographs of drinking, and inquiry into the results of the control of drinking-driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.037%, driven a car about 300 meters in a drunken state.

The defendant has a record of being punished for a fine of KRW 1.5 million due to drinking driving in 2015.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case