A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on April 9, 2015, a summary order of KRW 4 million for the same crime at the Chuncheon District Court, and on September 26, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the same court.

On May 2, 2020, the Defendant driven an Epoter cargo vehicle under the influence of alcohol level of about 0.284% in the 1km section from the front of Hongcheon-gun, Hongcheon-gun, to the front road D, D, in C, while under the influence of alcohol level of about 1km.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The Defendant’s legal statement investigation report - The application of the dmark formula above alcohol level in blood;

1. On-site photographs of a survey report on actual condition of driving, a report on the situation of driving under drinking, and a notification of the results of crackdown on driving under drinking (32 pages of investigation records);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the community service order and the order to attend a lecture, despite the fact that the Defendant had been subject to criminal punishment on three occasions due to drinking driving, also causes a traffic accident that scams the sense and rail while driving a drinking at the same time, and the nature of the crime is not good, and the Defendant’s blood alcohol concentration level is very high.

However, considering the fact that the defendant shows a depth of his criminal act, that the distance of the defendant's driving is not relatively long, that there is no traffic accident that causes human damage to others, and that there is no criminal history that the defendant has been punished by imprisonment.

The age, gender, and administration of the defendant.