A defendant shall be punished by imprisonment for a term of one year and two months.

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 April 10, 2013, the Defendant was issued a summary order of KRW 3 million at the Chuncheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the Chuncheon District Court on May 23, 2016.

【Criminal Facts】

On November 30, 2019, at around 21:40, the Defendant driven a DK 3 car at the street of 10 meters in front of the C Burial in Chuncheon City, while under the influence of alcohol of 0.136% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Scenic photographs;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture is that the defendant has been subject to criminal punishment on three occasions due to drunk driving, but it is not good to commit the crime, and the defendant's blood alcohol concentration is considerably high.

However, there are various sentencing factors in the trial process of this case such as the defendant's age, character and behavior, intelligence and environment, family relationship, circumstance at the time of crime, etc.