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] The defendant has a record of being issued a summary order of a fine of one million won as a crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on July 20, 2006.

【Criminal Facts】

On May 8, 2020, at around 16:42, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol content of 0.042% in blood on the roads near the facilities for older persons in Pyeongtaek-gun, Gangwon-gun, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control of drinking drivers, report of results of control of drinking driving, inquiry into the results of control of drinking driving, circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant driven a cargo vehicle while under the influence of alcohol level of 0.042%.

In 2006, the defendant has been punished by a fine for a drunk driving.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the blood alcohol concentration value, the contents and interval of the previous punishment power, the age, character and conduct, family relationship, motive and means of a crime, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments of this case.