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

On September 6, 2019, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act in the Young-gu branch of the Chuncheon District Court.

On December 16, 2019, at around 20:55, the Defendant driven an Ecom-sports cargo vehicle in the state of alcohol alcohol concentration of about 0.047% at the 1km section from the roads located in Gangseo-gun, Gangwon-gun, to the roads in front of the “Dic Association” in C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the regulations of drinking drivers, report on the results of the regulations of drinking driving, circumstantial statement of drinking drivers, and inquiry into the results of the regulations of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 0.047%, driven a cargo vehicle about 1 km.

Defendant has been punished three times for drinking driving in 2001, 2004, and 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