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 January 28, 2013, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act at the Chuncheon District Court on January 28, 2013, and on September 1, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the crime of violating the Road Traffic Act at the Jung-gu District Court on September 1, 2017.

【Criminal Facts】

On November 10, 2019, at around 02:13, the Defendant driven a D Uidi A5 car from around 6 meters to the front road of the building located in Chuncheon City, from the front road of B in Chuncheon City to the front road of the building located in Chuncheon City, while under the influence of alcohol of 0.083% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc. inquiry reports, summary orders, and application of statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 has been subject to criminal punishment on two occasions due to drinking alcohol driving or refusal to measure drinking alcohol, but it is not good to commit the crime.

However, it is against the fact that the defendant's mistake is divided and again does not drive under the influence of alcohol, etc., the blood alcohol concentration of the defendant has not been significantly high by 0.083%, the distance of the defendant's driving is relatively short, the criminal records of the defendant's driving have not been punished by imprisonment, and other sentencing factors specified in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relations, family relations, circumstances at the time of the crime, etc., shall be determined as the sentence as ordered, considering the various sentencing factors shown in the trial process of this case.