A defendant shall be punished by imprisonment for a term of one year and two 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 November 19, 2012, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Chuncheon District Court.

【Criminal Facts】

On January 25, 2020, at around 23:40, the Defendant driven a Fpoter, Stacker, and to the front road of the same military apartment E-dong, under the influence of alcohol concentration of approximately 0.094%, from around 174 meters to the roads of the same military apartment E-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (field status, reporter's statement, etc.);

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

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate 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 grounds of sentencing is that the defendant caused a traffic accident that leads to a parked vehicle while driving a motor vehicle at drinking, even though he/she had a record of criminal punishment twice due to drinking, and the nature of the crime is not good.

However, it is against the depth of the defendant, such as that the defendant would not drive a vehicle in the future while scrapping his vehicle, the blood alcohol concentration of the defendant was not high, all of the criminal records related to the above drinking driving until December 2012, there is no criminal records punished by the defendant, and other sentencing factors in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relations, circumstances at the time of the crime, etc., shall be determined as per the order by taking into account various sentencing factors in the trial process of this case.