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] On August 10, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On October 31, 2019, at around 03:20, the Defendant driven a Category Maz car in the state of alcohol alcohol concentration of about 0.09% at the section of about 50km from the French Fung-gun, Gangwon-si to the front road of Gangwon-gun, Gangwon-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the regulations of drinking drivers, report on the results of the regulations of drinking driving, circumstantial statement of drinking drivers, and inquiry into the results of the regulations of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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, while under the influence of alcohol level of 0.09%, driven a car about 50km in a state of alcohol.

The defendant has a record of being punished for a fine of KRW 4 million due to drinking driving in 2018.

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) various sentencing conditions shown in the records and arguments of this case