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 21, 2008, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) from the Youngcheon District Court’s Young-gu branch on January 21, 2008

【Criminal Facts】

On March 27, 2020, at around 20:20, the Defendant driven an Eco-sports cargo vehicle while under the influence of alcohol content of about 0.087% at the section of about 15.2 km from the 15.2km to the front road of Young-gun Dromo-gun.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of the occurrence of the case, notification of the result of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving driver, field photographs, inquiry into the results of the regulation of drinking driving, inquiry into the fact of the regulation of drinking driving, report on investigation (verification of the distance of a suspect's drinking driving) and application of the

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 0.087%, driven a cargo vehicle about 15.2 km while driving the cargo vehicle.

In 2004, the Defendant was punished for a fine of one million won or more due to a drunk driving and a traffic accident while drunk driving in 2005 and was sentenced to a fine of two years of suspended execution in October and two years of suspended execution in 2008 and 2.5 million won due to a drunk driving in 2008.

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