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

On May 2, 2008, the Defendant issued each summary order of a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the original branch of the Chuncheon District Court on May 2, 2008, and the same court on November 29, 2010.

On April 21, 2019, at around 22:20, the Defendant driven a car in a section of about 50 meters from the original city B before the original city B, to D in front of the same city C, while under the influence of alcohol content of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Investigation reports (in case of reporting on confirmation of records of crimes involving drunk driving on not less than two occasions of suspects, and in case two copies of judgment); and

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 is the very high rate of recidivism.

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

D. Unfavorable circumstances: The crime of this case committed again with the record of punishment for drinking driving two or more times, but the statutory penalty for the crime of this case is imprisonment with prison labor for not less than one year but not more than three years, and the lower limit of the applicable sentences is up to one year.

Defendant has been punished for three times due to drinking driving in the past.

The favorable circumstances: The Defendant’s blood alcohol concentration at the time of committing the instant crime and driving under the influence of alcohol in the past is relatively high.

The defendant reflects the crime of this case in depth and prevents recidivism.