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 October 31, 2014, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

At around 22:57 on June 15, 2020, the Defendant driven a DNA studio-car with a blood alcohol concentration of 0.108% under the influence of alcohol at approximately 400 meters from the underground parking lot of B apartment to C apartment of the same city.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of a summary order related to driving under the influence of a suspect), and application of related summary order-related Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Defendant has a record of being punished for drunk driving.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.