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 November 20, 2006, the Defendant received a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a crime of violation of the Road Traffic Act in the Youngcheon District Court’s Monthly Support, etc., and on December 30, 2011, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

【Criminal Facts】

On August 12, 2020, at around 14:25, the Defendant, at the Da parking lot located in Gangwon-gun B, driven a fco-line cargo vehicle under the influence of alcohol content of approximately 0.242% from a section of approximately 100 meters to the above parking lot again, via the front-line E in the same military unit D. The Defendant driven a fco-line cargo vehicle under the influence of alcohol content of around 100 meters.

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. Arrest report on occurrence of the case, report on the situation of a drinking driver, notification of the results of the regulation of drinking driving, written statements and control photographs;

1. Application of Acts and subordinate statutes to inquiry reports and 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 recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.242%, driven a cargo vehicle of about 100 meters in the state of alcohol.

In 2004, the Defendant was punished for a fine of KRW 1 million, a fine of KRW 3.5 million due to a drunk driving in 2005, a fine of KRW 3.5 million due to a drunk driving in 2006, a fine of KRW 3.5 million due to a drunk driving in 2006, and a fine of KRW 5 million due to an accident while driving in 2011.

Considering the past records of the defendant, it is necessary to hold the defendant liable with strict liability, but there is no history of punishment heavier than a suspended sentence due to a drunk driving, and there has been considerable time for the last crime of drinking prior to nine years.