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 September 30, 2009, the Defendant was notified of a summary order of KRW 700,000 of a fine due to a violation of the Road Traffic Act.

On September 28, 2019, at around 00:28, the Defendant driven a fash-in car under the influence of alcohol content of 0.189% at a 1km section from the front of the restaurant C located in the Gangwon Hawon-gun, to the front of the rear door of the E elementary school located in the Gangwon Hawon-gun, Gangwon Hawon-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, investigation report (report on the circumstances of the driver), investigation report (the date and time of crime and specified distance for operation);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the same kind of power), and copies of summary orders;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced, driven a car at about 1 km under the condition that the blood alcohol content was 0.189% higher than that of the blood alcohol content.

The defendant has been punished for the crime of violation of the Road Traffic Act around 2009, and there is no other criminal power except for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 2004.

There are families to support the defendant, and the branch people want to support the defendant's wife.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the blood alcohol concentration and driving distance, the details of the previous punishment records and distance thereof, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, and circumstances after the crime.