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 of the final judgment.

Punishment of the crime

[Criminal Power] On December 20, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seocho Branch of the Chuncheon District Court.

【Criminal Facts】

On August 7, 2019, around 23:25, the Defendant driven a vehicle Ecopic in the state of alcohol of about 5km from the Do in front of the Seocho-si B apartment to the front road in Suchosi City C with about 0.101% of alcohol concentration in the 5km section.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and the next inquiry;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;

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. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant is subject to criminal punishment for the same crime.

The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and it is about 14 years prior to criminal punishment for the last same kind of crime.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the blood alcohol concentration of the defendant at the time of the instant case.