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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 25, 2008, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the original branch of the Chuncheon District Court on February 25, 2008, and a fine of KRW 3 million from the same court on December 5, 2008 by receiving a summary order of KRW 3 million for the same crime at least twice.

At around 00:30 on November 11, 2018, the Defendant driven a Dpoter Ⅱ cargo vehicle while under the influence of alcohol concentration of about 0.268% at the section of approximately 300 meters of the front road of C in the Hanju City.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Consent to and confirmation letter of blood collection and report on internal investigation;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture constitutes an act of enhancing traffic risks by driving under the influence of alcohol and under the influence of alcohol, and an offense that may cause substantial damage to not only himself/herself but also to other persons.

The fact that the defendant had been punished several times due to drinking driving, refusal of drinking, etc., the defendant's blood alcohol concentration was very high at 0.268% at the time of the crime of this case, the driver was driving in a full state exceeding 0.1% at the time of the previous crime of drinking driving, and the vehicle of the defendant was damaged to the degree of scrapping due to the traffic accident caused by drinking driving of this case.

However, there is no record that the defendant has been punished for a suspended sentence or heavier due to drinking driving.