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 March 26, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, from the Young-gu Branch of the Chuncheon District Court.

On December 7, 2019, at around 23:55, the Defendant driven a motor vehicle with a low alcohol level of 0.083% under the influence of alcohol level 0.083% from the 14km section to the front parking lot of a restaurant located in the same Don Changwon-gun B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a driver, a survey report, a report on the actual condition of a driver, a report on internal investigation (report on the situation of a driver), a photograph 24, a report on internal investigation (Attachment toCCTV video recording and a caps photograph), six photographs, and a criminal investigation report (applicable to the HE type);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

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 sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.083%, driven a car about 14 km.

The defendant has a record of being punished for a fine of 1.5 million won due to drinking driving in 2010.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case