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 KRW 700,000 by the Suwon District Court on January 18, 2008 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 26, 2019, at around 18:10, the Defendant driven an E-3 car while under the influence of alcohol content of about 0.124% from the front of the C Hospital located in Gangwon-gun B to the front road of the D apartment.

Accordingly, the defendant, even though he had been punished for the violation of the Road Traffic Act, was driving under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, an investigation report (Attachment to a detailed statement of handling a case 112), and an investigation report (12 reporter's telephone statement);

1. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes of the same kind of investigation report;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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 for a period of one year to two years;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car at a 800-meter rate while drunk with a blood alcohol content of 0.124%.

Defendant has been punished for three times on February 22, 2002, August 23, 2002, and January 18, 2008 due to drinking driving.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.