A defendant shall be punished by imprisonment for a term of one year and two 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

On September 3, 2010, the Defendant was issued a summary order of KRW 1,500,000 by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

On September 29, 2020, the Defendant driven an Epoter cargo vehicle from around 20 meters away from the front of a restaurant in Chuncheon City B to the front of Chuncheon City D, while under the influence of alcohol of 0.060% of blood alcohol level around 22:10.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, summary orders, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been subject to criminal punishment on three occasions due to drunk driving, and it is not good that the crime is committed.

However, considering the fact that the defendant is expected not to drive under the influence of alcohol again, etc., the defendant's blood alcohol concentration was relatively lower than 0.060%, the traffic accident occurred due to the crime of this case, and the fact that the defendant has no criminal records subject to punishment by sentence.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.