A defendant shall be punished by imprisonment for six 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

[criminal power] On June 15, 2012, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act at the Chuncheon District Court on June 15, 2012, and on November 28, 2014, the same court received a summary order of a fine of three million won for a violation of the Road Traffic Act and received a summary order of a fine of three million won for the same violation of the Road Traffic Act, and was punished twice in total.

【Criminal Facts】

around 22:20 on May 31, 2019, the Defendant, who violated the regulations on the prohibition of drunk driving, driven a Dschton car under the influence of alcohol content of about 1.3 km from the front side of “C” located in Gangwon-si B to the front side of “Gangwon Police Agency” located in the same city office 49 in the same city office.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the results of the drinking driving control;

1. Application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind), criminal records, and the results of inquiry into criminal records;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including criminal records, the Defendant re-driving a drinking alcohol again, despite the history of punishment three times or more due to drinking, including the criminal records stated in the facts of the crime, and the sentence of imprisonment is chosen in that the blood alcohol concentration level at the time of the instant drinking driving is not lower.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has no other criminal record except for a fine imposed on three occasions due to a drunk driving, his/her depth reflects the fact that he/she has a family member to support, and the place and distance of a drunk driving, and the crime shall be committed.