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

[criminal power] On October 20, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Chuncheon District Court on October 2009, and on June 12, 2017, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On April 20, 2020, at around 02:38, the Defendant driven a F car at approximately 500 meters away from the road front of the “Chyeong-si” conference located in Chuncheon City B to the front road of the “E” store located in Chuncheon City D, while under the influence of alcohol content of 0.130%.

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. Previous records: Application of inquiries, such as criminal records, and summary order 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant had been subject to criminal punishment for four times due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration is considerably high.

However, considering the following facts: (a) the Defendant’s mistake is divided and again leads not to drive under the influence of alcohol; (b) the occurrence of a traffic accident is not occurred due to the instant crime; (c) the distance of the Defendant’s driving is relatively short; (d) the remainder of the previous criminal records other than those sentenced to punishment around 2017 among the four previous criminal records related to drinking driving, which were punished on or around 2009; and (e) there is no history of criminal punishment exceeding the fine imposed on the Defendant.

Other cases, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.