Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 22, 2007, the Defendant was issued a summary order of one million won or more for the crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on October 22, 2007, and on August 16, 2013, the Defendant was issued a summary order of three million won or more for the same crime by the same court.

On July 4, 2019, at around 20:50, the Defendant driven a Cwning-III cargo vehicle with a blood alcohol concentration of at least 0.200% from the 7km section to the front road in the northwest-gu, Gangwon-do, Gangwon-do.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents, on-site photographs, notification on the results of the drinking driving control, or photographs damaged by dry field;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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, while under the influence of alcohol content 0.20%, driven a cargo vehicle of 7 km and caused an accident.

In 207 and 2013, the Defendant has been punished by a fine on two occasions 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.