A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 June 30, 201, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on June 30, 201, as well as three times in total.

【Criminal Facts】

At around 01:00 on June 1, 2019, the Defendant driven a F F F Food NEW307 car under the influence of alcohol level of about 0.131% in a section of about 100 meters from the front of C in the East Sea to the front of the Egyptian road D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. A survey report on actual condition, on-site map, and photographs related to traffic accidents;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving under influence of alcohol), summary orders, and application of statutes subject to judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for probation, community service order, and order to attend a lecture: The defendant has been punished three times due to drinking driving, and the defendant has been under the influence of drinking driving, and the defendant has stopped on the road while driving under the influence of alcohol and brought about a dangerous situation in road traffic flow without stopping the vehicle on the road, and the witness has discovered the defendant who was locked or has broken, and caused a traffic accident that shocks witness. The most favorable circumstance is that the defendant's blood alcohol concentration was high at the time of the instant case: The defendant's act of crime is recognized and against the victim of the traffic accident.