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 March 14, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court.

【Criminal Facts】

On October 25, 2019, at around 20:25, the Defendant driven a C-wing truck with a blood alcohol concentration of about 0.147% in the section of approximately 2km from the front road of the Gangwon-gun, Gangwon-gun, to the front road of the Seodaemun-gun, the Eup/Myeon, located in the same Eup/Myeon month.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the situation of a drinking driver), inquiry into the results of the regulation of drinking driving, and investigation report (verification of the distance of driving of a suspect);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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. 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 with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.147%, driven a car about 2 km in a state of alcohol.

Defendant has been punished three times for a crime of drunk driving in 2001, 2005, and 201.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case