Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 4, 2008, the Defendant was sentenced to a suspended sentence of ten months with prison labor for a violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act, etc. in the Chuncheon District Court's original state support on November 4, 2008, and was sentenced to a summary order of four million won with prison labor for a violation of the Road Traffic Act (driving) from the sex support of the Daegu District Court on October 27, 2014.

On October 3, 2019, at around 00:47, the Defendant driven a motor vehicle with Crest in the state of alcohol alcohol concentration of about 0.194% at a section of about 72 km from the front of the "Yong Chang-gun B apartment in Gangseo-gun, Gangwon-do" to the front side of the Jicheon-gun, Jin-gun, Gangwon-do.

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 drinking driving control, report on the circumstance of a drinking driver, inquiry into the results of the control of drinking driving, and report on investigation (related to the distance from the operation of a suspect);

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 for orders to attend lectures and orders to provide community service;

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, while under the influence of alcohol level of 0.194%, driven a car about 72 km.

The defendant has been punished by a fine of KRW 4 million due to a crime of drinking alcohol driving in 2008 and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2008.

Such blood alcohol concentration, driving distance, contents and distance of previous punishment records, and other cases, such as the defendant's age, character and conduct, family relationship, motive and means of crime, and circumstances after the crime.