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 April 15, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on April 15, 2008. On December 30, 201, the Defendant was issued a summary order of KRW 4 million as the same crime.

【Criminal Facts】

On December 5, 2019, at around 07:25, the Defendant driven an Erocketing car with a blood alcohol concentration of about 0.05 km from the 7.5km section to the front road of D in the same military as D, which was under the influence of alcohol content of about 0.051%.

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 regulation of drinking driving, inquiry into the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers and report on the circumstances of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 recommendations: Non-application of the sentencing criteria.

3. The Defendant, who determined the sentence, driven a car around 7.5 km while under the influence of alcohol with a blood alcohol content of 0.051%.

Defendant has been punished by a fine on three occasions in 2003, 2008, and 2011 due to drinking driving.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case