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 two years from the date of the final judgment.

Punishment of the crime

[criminal record] On December 5, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on December 5, 2007, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on March 16, 2012.

[Criminal Facts] On October 1, 2019, at around 14:15, the Defendant driven an Epoter 2 truck under the influence of alcohol concentration of about 20km from the 20km section to the front road of Gangwon-gun D, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and inquiry requests for appraisal;

1. Application of statutes concerning criminal records;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (it shall be considered that the person can have the ability to drive sound and the degree of drinking alcohol, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the details and timing of the night driving and the timing of the immediately preceding drinking, the fact that there was no previous conviction exceeding the fine, the age, environment, circumstances after the crime, etc.);

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;