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 February 22, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on Cheongju District Court.

【Criminal Facts】

On February 12, 2020, at around 21:54, the Defendant driven a DNA low-speed vehicle with approximately 1.6 km alcohol concentration of about 0.118% in the section of approximately 1.6 km from the roads in front of the Gangwon-gun, Gangwon-gun, to the roads in front of the same military C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, field photographs, notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, investigation reports, report on the 112 reported cases, investigation reports, report on the 112 reported cases, and guidance on the Kakao road map;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 recommendations: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car around 1.6 km while under the influence of alcohol with a blood alcohol content of 0.118%.

The defendant has a record of being punished for a fine of KRW 4 million due to drinking driving in 2013.

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