A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On August 4, 2016, the Defendant was issued a summary order of 1.5 million won by the Chuncheon District Court for a crime of violation of the Road Traffic Act (driving under the influence of sound), and on May 30, 2017, the Defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for one year and six months by the same court.

【Criminal Facts】

On April 4, 2020, at around 06:36, the Defendant driven an E K7 vehicle from approximately 500 meters to the roads of Dentwon in the same Dong from the roads of C stations in Chuncheon City, the alcohol level of 0.103%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (in circumstances of suspect crackdowns);

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures was that the Defendant had been subject to criminal punishment twice due to drunk driving, and the nature of the crime is not good, and the Defendant’s blood alcohol concentration level is considerably high, and the Defendant was in a state of drinking above on the road while driving. As such, the risk of the instant crime was high.

However, considering the fact that the defendant's mistake, such as that he would not drive a motor vehicle in the future while disposing of the motor vehicle, is pening and reflecting his mistake, the occurrence of a traffic accident is not occurred due to the crime of this case, and the defendant has no criminal record other than the above criminal record.

In addition, the age, character and conduct, intelligence and environment of the defendant, family relationship, circumstances at the time of crime, etc. are shown in the trial process of this case.