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 November 10, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act by the Chuncheon District Court.

Around 21:40 on October 4, 2020, the Defendant driven the E-motor vehicle volume from the roads near Chuncheon City B, Chuncheon to D, while under the influence of alcohol by 0.185% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

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 under Article 62-2 of the Criminal Act is that the defendant had a record of criminal punishment once due to drunk driving, but he/she has not been subject to about 3 years from that time, and he/she also driven under drinking. The nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant has divided his mistake and again is expected not to drive under the influence of alcohol, the occurrence of traffic accidents due to the crime of this case has not occurred, the distance of the defendant's driving is relatively short, and there is no history of criminal punishment exceeding the fine.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.