A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 June 19, 2015, the Defendant issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act at the Youngcheon District Court's Young-gu branch on June 19, 2015, and on March 16, 2018, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

On June 16, 2019, at around 21:09, the Defendant driven an Estststun cargo vehicle under the influence of alcohol concentration of about 0.068% from the front of the “C” in the Gangwon-gun B to the front of the “Del” road.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and field photographs (the results of measurements);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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. 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 for not less than six months up to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a vehicle under the influence of alcohol with a blood alcohol content of 0.068%.

Defendant has been sentenced to a fine twice for drinking driving in 2015 and 2018.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.