A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 7, 2008, the Defendant issued a summary order of a fine of one million won at the Chuncheon District Court for a violation of the Road Traffic Act, and the summary order of a fine of three million won at the same court on April 13, 2012 for the same crime.

On February 11, 2020, the Defendant was under the influence of alcohol with 0.165% of blood alcohol concentration around 00:12, and the Defendant was driving a DNA halogaCC car over approximately 5 km from around the B apartment in Chuncheon City to the underground parking lot in Chuncheon City.

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 inquiry reports and outputs of written judgments to Acts and subordinate 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant had been subject to criminal punishment twice due to drunk driving, but it is not good to commit the crime, and the defendant's blood alcohol concentration is considerably high.

However, the defendant's disposal of a vehicle, such as that he would not drive a vehicle in the future, is pening and against his mistake in depth, the occurrence of traffic accident is not occurred due to the crime of this case, and the defendant has no criminal record other than the above criminal record who was punished by a fine from around 2012, and the defendant has no other criminal records, and the punishment shall be determined as ordered by taking into account various sentencing factors in the trial process of this case, such as age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime.