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] The defendant was issued a summary order of KRW 7 million at the Chuncheon District Court on September 26, 2016 as a fine of KRW 7 million for a violation of the Road Traffic Act, KRW 3 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on September 1, 2009, KRW 1 million for a violation of the Road Traffic Act (driving on January 20, 2009), and KRW 1 million for a violation of the Road Traffic Act at the Chuncheon District Court on January 20, 2009, and KRW 1.5 million for a violation of the Road Traffic Act (driving on November 16, 2006).

【Criminal Facts】

On January 21, 2020, the Defendant was under the influence of alcohol with 0.093% of blood alcohol concentration at around 21:10, the Defendant driven a Csch Rexton car at the section of about 1km from the front of a cafeteria in Hongcheon-gun B to the front of the cafeteria in the Gancheon-gun of Hongcheon-gun to the front of the Taenam Village 4 of the same Eup in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. The sentencing of Article 62-2 of the Criminal Act requires that the defendant had three times before and after 2006 of the Criminal Act; the blood alcohol concentration of the instant case is not low; however, there is no record of a criminal conviction or heavier than a suspended sentence due to a drunk driving; the previous conviction for a drunk driving was about four years after 2016; and the previous conviction for a drunk driving does not cause personal or material damage to the instant case; and the sentence shall be determined as ordered in consideration of all the relevant sentencing conditions.