A defendant shall be punished by imprisonment for one year.

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

On May 13, 2013, the Defendant issued a summary order of KRW 4 million to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on April 8, 2015.

On September 28, 2017, the Defendant driven a B 3 freight vehicle from the B 1km section to the two parallel roads located on the same side from the Do in front of the Berdral bridge in Chuncheon City, in the condition of alcohol content 0.237% among the blood transfusion around 17:30 on September 28, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into actual condition, traffic accident-related photographs, reports on detection of drivers of primary drivers, statements in the circumstances of drivers of primary drivers, and inquiries into the results of crackdown on driving alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes to report an investigation (verification of punishment for drinking driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order and the order to attend a lecture, committed the instant drinking crime even though the Defendant had many records of punishment due to drinking or non-licensed driving, and the alcohol concentration in blood is very high to 0.237%, and the Defendant committed an accident that shocks between prefabricated-type warehouse and vain at the time of the instant crime, etc. (Provided, That this part was not prosecuted) is an unfavorable sentencing factor against the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, and that there is no record of criminal punishment of suspension of qualification or more severe punishment for the defendant, etc., shall be considered as factors of sentencing favorable to the defendant, and the age, sex, environment, and environment of the defendant.