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 December 20, 2006, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Youngcheon District Court’s Young-gu branch on December 20, 2006. On February 1, 2010, the Defendant received a summary order of KRW 1,50,000 for the same crime.

【Criminal Facts】

On December 6, 2019, at around 17:30, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.143%, from approximately 3.6km to C road via the Pyeongtaek-gun’s dwelling area of the Defendant, Pyeongtaek-gun, Gangwon-do, through the Pyeongtaek-si Office.

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. A traffic accident report, a report on the results of the drinking driving control, a report on the situation of a drinking driver, a statement on the occurrence of a traffic accident, and a report on internal investigation (on the spot conditions, etc.);

1. A previous conviction: An inquiry report and the application of Acts and subordinate statutes for investigation reports (verification of sound driving records);

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 0.143%, driven approximately 3.6 km of cargo vehicles in the state of alcohol.

In 206 and 2010, the Defendant has been punished twice by a fine for drunk 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