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

On October 30, 2009, the Defendant was sentenced to a fine of KRW 500,00 as a crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court.

On August 23, 2020, at around 00:52, the Defendant driven a C rocketing vehicle with a blood alcohol content of about 0.076% at a section of about 50km from the Do in front of the Gangseo-si B market to the front road of Young-dong Highway, which is located in the Jin Changwon-gun of Gangseo-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. The results of inquiry and the application of the summary order 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a vehicle at approximately 50km while under the influence of alcohol 0.076% of alcohol level.

The defendant has a record of being punished for a fine of KRW 500,000 due to drinking driving in 209.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of