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 January 16, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Chuncheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 21, 2020, at around 01:30 on May 21, 2020, the Defendant driven a DNA vehicle with a blood alcohol concentration of 0.124% from the front of the office of the stopping Eup located in the winter-gun of the Gangwon-gun to the front road located in the same Do to C in the same Gun.

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 circumstances of drinking driving, report on the circumstances of drinking drivers, circumstantial report on drinking drivers, and on-site photographs;

1. The results of inquiry and the application of the summary order Acts and subordinate statutes;

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 recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.124%, driven a car about 1 km in a state of alcohol.

The defendant has a record of being punished for a fine of KRW 1 million due to a drunk driving in 200, a fine of KRW 1.5 million due to a drunk driving in 200, a fine of KRW 1.5 million due to a crime of a traffic accident that occurred during drinking in 2015, and a fine of KRW 5 million due to the crime of a

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) the various sentencing conditions shown in the records and arguments of