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 June 13, 2014, the Defendant was issued a summary order of KRW 3 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 02:30 on May 18, 2020, the Defendant driven a Frane car from approximately 550 meters away from the front side of the “C” road located in Chuncheon City B to the front road of the “E” located in D in the same city, while under the influence of alcohol concentration of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. On-site photographs;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of the same criminal records and summary order);

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 Act is that the defendant was subject to criminal punishment once due to drunk driving, even though he had the record of being subject to criminal punishment, and the nature of the crime is not good, and the blood alcohol concentration level of the defendant is considerably high. The defendant was in the state of being able to sleep above on the road while driving, and thus, the risk of the crime of this case was significantly high.

However, considering the fact that the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, the distance of the defendant's driving is relatively short, the occurrence of traffic accident is not occurred due to the crime of this case, and the defendant has no other criminal record except the previous conviction in the judgment.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.