A defendant shall be punished by imprisonment for a term of one year and two months.

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

피고인은 춘천지방법원 강릉지원에서 도로교통법위반(음주운전)죄로 2010. 12. 9 벌금 100만원, 2011. 11. 16. 벌금 200만원의 각 약식명령을 발령받은 전력이 있음에도, 2020. 3. 28 22:55경 강릉시 B에 있는 C 주점 부근에서부터 강릉시 D아파트 부근까지 혈중알코올농도 0.103%의 술에 취한 상태로 E 팰리세이드 승용차를 약 1km 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The term of imprisonment shall be set within the scope that a statutory punishment is mitigated and the execution of a sentence shall be suspended on condition that the defendant take into account the fact that the defendant has committed a crime, has led to his/her mistake, and has no criminal record of suspended execution or more, in consideration of the fact that the defendant has committed a crime, has committed a crime, and has no criminal record of a suspended execution or more;