A defendant shall be punished by imprisonment for one year.

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 July 22, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 22, 2010.

【Criminal Facts】

On May 29, 2020, at around 21:21 on May 29, 2020, the Defendant driven a Bunstet vehicle under the influence of alcohol concentration of 0.064% in the section of approximately 4 km in front of the road in front of the Transgrative Road in Songsung-gu, Gangwon-do.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making reports on the state of drinking drivers, etc. to the results of the control of drinking driving;

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), amounts of dispositions, preliminary records, reporting on results of confirmation, and copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. In addition, even though the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2010, the Defendant committed the instant crime.

The Defendant appears to have been trying to move from the Gangwon-gun to the Southern-do in his residence in the state of being drunk to 0.064% of his blood alcohol content at the time.

However, considering the fact that the defendant shows an attitude against the defendant and there is a family member to support.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.