A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On May 27, 2014, the Defendant was issued a summary order of KRW 1 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 19, 2019, at around 00:20, the Defendant driven B car volume in the state of 0.128% blood alcohol concentration at approximately 2.5 km from around 00:20,000 to 2.5 km, in front of the Buddhist restaurant in Chuncheon-si, Chuncheon-si to the scholarship Myeon, Dong-si.

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 drivers, and inquiry into the results of crackdown on drinking;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting 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 is that the defendant was subject to criminal punishment once due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high, and the defendant was in a state of inflow to the degree of reverse driving on the road. Thus, the risk of the crime of this case was emphasized.

However, it is against the fact that the defendant has divided his mistake and again is expected not to drive under the influence of alcohol, etc. The occurrence of traffic accidents caused by the crime of this case has not occurred due to the crime of this case, the defendant has no record of the same crime except the previous conviction sentenced to a fine, and there is no criminal record exceeding a fine. Other factors of sentencing in the trial of this case, such as 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 the sentence like the order.