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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on January 13, 2017, a summary order of KRW 3 million for the same crime from the original state branch of the Chuncheon District Court.

[Criminal facts] On December 19, 2019, the Defendant driven a D bargaining car at approximately 0.066% alcohol level during blood while under the influence of alcohol level from the front of B apartment house at the Gangwon-si, Gangwon-do, to the same apartment C-dong and underground parking lot.

Accordingly, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. The defendant's partial statement in court, witness E and F's legal statement;

1. A statement report on the situation of a driver of a vehicle driving, a report on the results of crackdown on drinking driving, a notification of the results of the investigation, a course photograph of a fadi camp to a course, or a fadi scam traffic violation (driving of alcohol), and a arrest report;

1. Inquiries about criminal history and report on investigation (report on attachment of the same kind of force as the suspect) [The defendant asserts that since he/she dices alcohol at home after driving, his/her blood alcohol concentration cannot be recognized.

① However, the Defendant stated to the police officer E who called the date of the instant case that “no additional drinking upon arrival in the house” was stated, and ② was unable to find out the Defendant’s drinking condition at the Defendant’s house at the time of the instant case.

(3) In light of the fact that the F, who drives the Defendant’s vehicle on behalf of the Defendant, was present in this court as a witness, and testified that “the Defendant dranks cans from the back seat during driving the vehicle.” The above statement by the Defendant is not true.

Therefore, the above argument shall not be accepted.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;