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 May 15, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) with the support of the Youngcheon District Court in Youngcheon on May 15, 2015. On July 5, 2016, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

On November 16, 2020, the Defendant driven a fly-run car with alcohol content of about 0.074% at the 11k section from the front of the C Standon City of Gangwon-do to the front road located in D in the same city, from around the road of the C Standon City of Gangwon-do to the front road in D.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on 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 punishment: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a vehicle about 11 km while under the influence of alcohol content 0.074% in blood.

On May 15, 2015, the Defendant was punished for a fine of KRW 3 million due to driving under influence on May 15, 2015, a fine of KRW 700,000 due to driving without a license on October 23, 2015, and a fine of KRW 4 million due to driving without a license on July 5, 2016.

The punishment shall be determined as ordered by comprehensively considering the amount of alcohol concentration, driving distance, contents and distance of the previous punishment records, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime.