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

On April 21, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Youngcheon District Court’s Young-gu Branch Office, and received a disposition of suspending indictment on the same crime at the Young-gu Branch Office of the Chuncheon District Prosecutors’ Office on August 23, 2016.

On December 16, 2019, at around 21:10, the Defendant driven a D Sti-type car under the influence of alcohol concentration of about 7 km from the front of the “C cafeteria” road located in Gangwon-si B to the 0.038% of the 0.038% of the blood alcohol concentration on the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes attached thereto;

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 7 km while under the influence of alcohol with a blood alcohol content of 0.038%.

On April 21, 2008, the Defendant was punished by a fine of KRW 700,00 for a drunk driving and a fine of KRW 1.5 million for aless driving on June 20, 2008, and was sentenced to suspension of indictment for a drunk driving in 2016.

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