A defendant shall be punished by imprisonment for a term of one year and four 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 September 15, 2009, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seocho Branch of the Chuncheon District Court on September 15, 2009, and on December 13, 2011, the Defendant was sentenced to a suspended sentence of one year for the same crime at the Chuncheon District Court on December 13, 201.

Around 05:10 on September 19, 2020, the Defendant driven a F trop troke car at a section of about 2 km from the front to the front of the road located in the Gangseo-gun Hongcheon-gun, Kuwon Hongcheon-gun, to the front of the “E” located in D, while under the influence of alcohol with a 0.25% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the same type of electric records, etc.);

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant had been subject to criminal punishment for four times due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration is very high.

However, considering the following: (a) the Defendant appears to be against his/her will not drive a motor vehicle again while disposing of the motor vehicle; (b) the occurrence of a traffic accident caused by the instant crime; (c) the Defendant’s previous convictions related to driving under the influence of alcohol by the end of 2011; and (d) the Defendant has no criminal records punished by the penalty against the Defendant.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.