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

[Criminal Power] On June 30, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Monthly Support.

【Criminal Facts】

On December 16, 2019, at around 23:53, the Defendant driven a f string car under the influence of alcohol with a blood alcohol content of about 0.090% from approximately 250 meters to the road front of the “E” car page located in Pyeongtaek-gun B, Gangwon-do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Reports on the occurrence of traffic accidents, field photographs, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Previous convictions in judgment: An inquiry letter and application of summary order-related Acts and subordinate statutes;

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 for 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 sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car at approximately 250 meters while under the influence of alcohol with a blood alcohol content of 0.090%.

The defendant has a record of being punished for a fine of KRW 1.5 million due to drinking driving in 2014.

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