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 November 14, 2019, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on November 14, 2019.

【Criminal Facts】

On January 11, 2020, at around 23:15, the Defendant driven an Eco-car with a blood alcohol concentration of about 0.049% under the influence of alcohol at approximately 10km from the section of approximately 10km to the D resting area (Ghill bank) located in C (Ghill bank) located in front of Gangseo-gun, Gangwon-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry 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 recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car about 10 km while under the influence of alcohol with a blood alcohol content of 0.049%.

The defendant has a record of being punished for a fine of KRW 4 million due to drinking driving in 2019.

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