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 22, 2011, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On June 24, 2020, at around 22:45, the Defendant driven a CMW530-I car under the influence of alcohol with approximately 14.9 km alcohol concentration of about 0.047% from the nearest road of Gangwon-do University, which is located in 270, Gangwon-do, Gangwon-si, Seoul, to the front road of Gangseo-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification and investigation report on the results of the crackdown on drinking driving (report on the situation of a drinking driver), investigation report (to attach portal site guidance);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: A heavy punishment is required for a crime that may cause harm to the life and body of others as well as a drunk driving. Even though the Defendant had been punished once before the instant case, the circumstances favorable to the fact that the Defendant would not drive a drunk driving again: (a) the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order, taking into account the various sentencing conditions shown in the instant records and arguments, such as the Defendant’s age, character and behavior, circumstances, and circumstances after the crime.