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 a fine of 2.5 million won on April 23, 2007 at the Young-gu Branch of the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 25, 2020, at around 02:00, the Defendant driven a F-type car with a blood alcohol concentration of about 0.183% while under the influence of alcohol at approximately 500 meters from the front side of C Middle School located in D to the Eri-distance located in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to field photographs, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, investigation reports (report on the circumstances of drinking drivers), investigation reports (final stopping, etc.), investigation reports (final stopping, etc.), and investigation reports (application of the Ba mark formula);

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 0.183%, driven a car about 500 meters in a state of alcohol.

In 207, the defendant has a record of being punished by a fine by causing a traffic accident while driving under drinking in 207.

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) the various sentencing conditions shown in the records and arguments of