A defendant shall be punished by imprisonment for a term of one year and four 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 August 21, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on August 21, 2014, and on March 2, 2015, the same court issued a summary order of KRW 5 million for the same crime, etc.

On December 1, 2019, at around 10:05, the Defendant driven a D 3 truck owned by the Defendant at a volume of approximately 1.5 km from Gangwon-gun, Hongcheon-gun, to C, while drunking about 0.119% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, notification of the results of crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, etc., references to references, previous dispositions, and reports on results of confirmation;

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 on the grounds of sentencing of the order to provide community service and attend lectures was that the Defendant had been subject to criminal punishment on three occasions due to drunk driving, but the nature of the crime is not good, and the Defendant’s blood alcohol concentration is very high. The Defendant was in a state of drinking out of the road and was in a state of drinking so that he could fall into the instant crime.

However, the defendant's mistake is divided into his own mistake and again is expected not to drive under the influence of alcohol, the distance of the defendant's driving is not relatively long, and the defendant does not cause a traffic accident that causes damage to others. The criminal records related to the above influence of alcohol of the defendant are all criminal records, and the criminal records of the defendant are not punished by a fine, and the criminal records are shown in the trial process of this case, such as age, character and behavior, intelligence and environment, family relationship, circumstances at the time of the crime.