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, 2007, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) at the Youngcheon District Court’s Young-gu branch on December 20.

【Criminal Facts】

At around 14:00 on January 14, 2020, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.046% from the 4km section from the front of C located in Gangwon-gun B to the front of E in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, and investigation report (change and re-change of the section of drinking driving);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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;

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, who was sentenced, driven a car about 4 km while under the influence of alcohol with a blood alcohol content of 0.046%.

The defendant has been punished for a fine of KRW 500,00 for a drunk driving in 207.

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