A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On July 28, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court due to the violation of the Road Traffic Act, and on October 21, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On March 21, 2019, at around 17:00, the Defendant driven an E-high-speed car with a blood alcohol concentration of about 0.185% in a section of about 100 meters from the parking lot in the Gangwon-gun B market to the day before the D cafeteria located in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographs of accident site, notification of the results of the drinking driving control, and report on actual condition survey;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(1)1 and 44(1) of the same Act; the choice of imprisonment, etc.

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;

1. The scope of applicable sentences: Imprisonment for not less than six months up to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who determined the sentence, driven a car around 100 meters while under the influence of alcohol with a blood alcohol content of 0.185%.

On July 28, 2009, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act (driving) on July 28, 2009 and a fine of three million won for a violation of the Road Traffic Act (driving) on October 21, 2013.

In full view of the above blood alcohol concentration, driving distance, contents and distance of previous punishment records, and other factors of sentencing, including the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., the punishment as ordered.