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 December 13, 2018, the defendant was sentenced to a fine of 2.5 million won by the Chuncheon District Court for a violation of the Road Traffic Act.

On June 8, 2020, the Defendant was under the influence of alcohol of 0.104% with blood alcohol concentration around 23:20 on June 8, 2020, and the Defendant was driving a motor vehicle with the E-In-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

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 circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment once due to drunk driving, even though he had a record of criminal punishment, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant does not drive under the influence of alcohol again, etc., traffic accidents have occurred due to the crime of this case, the distance of the defendant's driving is relatively short, and there is no history of criminal punishment exceeding the fine.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.