A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 10, 2016, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on July 20, 201, a summary order of KRW 2.5 million for the same crime from the first branch court in the Chuncheon District Court.

Nevertheless, on September 9, 2020, the Defendant driven a e-purd motor vehicle under the influence of alcohol content of approximately 0.198% in blood from approximately 13 KK to the front road of D real estate located in Yangju B through Yangju City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Although the Defendant had been punished twice due to drinking driving even before the sentencing of Article 62-2 of the Criminal Act, the Defendant committed the instant crime of which alcohol level is 0.198% under the influence of alcohol level in the blood transfusion.

In light of the previous records of driving alcohol, all of the blood alcohol concentration exceeds 0.1%, and in light of the distance between the driving force of each alcohol and the instant crime, the risk of recidivism is high.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.