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

[criminal power] On April 28, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court, and on April 23, 2013, a fine of KRW 3 million for the same crime at the same court. On April 17, 2014, the Defendant was sentenced to a suspended sentence of one year for six months for the same crime by the same court.

【Criminal Facts】

Around 01:40 on April 24, 2020, the Defendant driven a D-low-income car from approximately 4 km to the front side of the Gangwon-si B apartment in Gangwon-si to the front road of the “Seoul apartment” in the state of drunk alcohol concentration of 0.188%.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, and the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. It is so decided as per Disposition in consideration of all the sentencing conditions, including the following: (a) the Defendant had three times before and after drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the degree of blood alcohol concentration of the instant case is high; (c) the Defendant did not directly damage the instant case; (d) the period of six years after the last drunk driving; and (e) the Defendant was consulted on drinking and treated for the prevention of recurrence.