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 sentenced to a fine of KRW 5 million at the Chuncheon District Court on September 12, 2013 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 15, 2019, at around 20:23, the Defendant driven a D liquid sports car in the state of alcohol alcohol concentration of about 0.131% from the 300-meter section from the front day of the house of the land owner located in the Gangwon-gun Group B to C.

As a result, the defendant, even though he had a record of punishment for drunk driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking-driving, notification on the results of crackdown on drinking-driving, and photograph of alcohol measurement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, while under the influence of alcohol level of 0.131%, driven a car about 300 meters in a state of alcohol.

In 2002, the defendant was punished for a fine of 1.5 million won due to drinking driving, 2013, and a fine of 5 million won due to violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

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