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] The Defendant had a record of having received a fine of two million won for a violation of the Road Traffic Act from the original state branch of the Chuncheon District Court on October 11, 2019.

【Criminal Facts】

On February 14, 2020, at around 22:21, the Defendant driven CK3 car in approximately 1 km from the original city to the adjacent road within the enterprise city located at the original city, while under the influence of alcohol concentration of 0.106%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Records of judgment: Criminal history records, inquiry reports, investigation reports (reports on confirmation of the same kind of drinking records as a suspect), summary orders, and application of Acts and subordinate statutes of one copy for search of related cases;

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 on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

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.

Defendant has a record of being 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.