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 was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Youngcheon District Court’s monthly support on October 15, 2013.

【Criminal Facts】

On August 5, 2019, at around 20:0, the Defendant driven a D-wing truck with a blood alcohol concentration of 0.088% in the section of approximately 2km from “C convenience store” located in Gangnam-gun B, Gangwon-do, to the Manpo-si located in the same Ri.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the situation of a drinking driver, and report on the results of the regulation of drinking driving;

1. Previous convictions in judgment: Inquiry reports, investigation reports, and application of statutes governing judgment;

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 of the community service order;

1. The scope of applicable sentences: Imprisonment for a period of one year to two years;

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

3. The Defendant, who was sentenced, driven a cargo vehicle about 2 km while under the influence of alcohol content of 0.088%.

The defendant has been punished for a fine of three million won due to a drunk driving in 2013.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.