A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 5, 2016, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Chuncheon District Court.

On October 24, 2019, at around 08:09, the Defendant driven a F Poter Cargo at approximately 5.5 km from the front side of the “Cmat” in the Gangseo-gun Hongcheon-gun B to the front side of the “E” located in D, while under the influence of alcohol content of 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of statutes concerning criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (Consideration of the fact that there was a history of driving under the influence of alcohol before and after the date of the market, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the degree of drinking alcohol, the background of the night-take operation, the fact that the defendant is against his/her will, the fact that there is no criminal record exceeding the fine, the age, environment, the circumstances after the crime, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;