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] On October 23, 2015, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court.

【Criminal Facts】

On November 11, 2019, at around 00:30, the Defendant driven a D low-speed car with a blood alcohol content of about 0.181% under the influence of alcohol from around approximately 4.7 km to the national highways of approximately 38 meters in front of C, located in the same Gun, in the vicinity of the office of 12 power-driven, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the circumstances of a drinking driver, a notification of the results of the crackdown on drinking driving, field photographs, etc.;

1. Previous convictions in judgment: An inquiry letter and application of summary order-related 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. 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 0.181%, driven a car about 4.7 km.

The defendant has been punished for a fine of five million won in 2015 due to drinking driving in 2015.

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