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 June 14, 2013, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On February 23, 2020, the Defendant driven D'K5' car under the influence of alcohol of about 0.181% in a section of about 300 meters from the original city B apartment road to the front road of the same city C, from around 21:00.

As a result, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. On-site photographs and photographs of damaged vehicles, such as photofluores;

1. Records of judgment: Criminal records, reply reports (A), records of the same kind, etc. - Application of two copies of 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. The reason for sentencing of Article 62-2 of the Criminal Act to order to attend a lecture [the reasonable circumstances] is against the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

The defendant has already been punished for drunk driving.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.