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 of the final judgment.

Punishment of the crime

[criminal record] On April 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on April 28, 2008, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on January 28, 2013, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on January 17, 2014.

[Criminal Facts] On October 1, 2019, at around 14:00, the Defendant driven C vehicle with a blood alcohol concentration of about 0.046% at the 8km section from 14:0 to 14:0 to 14:0 to 2000 to 2000 to 2000 to 2000 to 2000.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment ( Consideration of the history of driving on the market and the history of driving without a license);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of discretionary mitigation, the circumstances leading to the operation of night-riding on the day immediately preceding the case after drinking alcohol, the confession and reflectivity on the same day, the age, environment, circumstances after the crime, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;