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 is a person who was sentenced to a fine of two million won by the Suwon District Court on October 31, 2008 for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 14:25 on December 14, 2019, the Defendant driven a E-cargo at a 7km section from the Gangwon-gun B, Gangwon-do to the adjacent road in C, while under the influence of alcohol with a blood alcohol content of 0.069%.

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 circumstantial statement of a drinking driver, notification on the results of the regulation of drinking driving, and alcohol measuring photographs;

1. Previous records of judgment: Criminal records, inquiry 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;

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 concentration of 0.069%, driven approximately 7 km in freight vehicles.

In 2008, the defendant has been punished by a fine on one occasion for drinking driving.

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