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 April 13, 2012, the Defendant was issued a summary order of a fine of KRW 4 million at the Chuncheon District Court for the crime of violation of the Road Traffic Act (driving of Drinking) and has drinking power two times.

【Criminal Facts】

At around 22:50 on August 31, 2019, the Defendant driven a car by driving the car in F from the front of the cafeteria of the Gangwon Hongcheon-gun, Hongcheon-gun, to the front of the cafeteria of the “E” restaurant located in D, while under the influence of alcohol by 0.0% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A previous conviction: A inquiry report on criminal records, etc. and reporting results of the same criminal records and the application of 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. In the case of sentencing under Article 62-2 of the Criminal Act, the Defendant again committed the instant crime even if he/she had been punished twice, the social harm caused by drinking driving, and the high recidivism rate of drinking drivers, which led to the formation of a social consensus that the punishment for drinking drivers should be severely punished, and the Act to strengthen the punishment for drinking drivers has not yet been enforced, the Defendant is selected to be sentenced to imprisonment with prison labor, taking into account the fact that the Defendant led to the instant crime, is against himself/herself, and there is no additional damage such as traffic accidents, and no additional damage such as blood alcohol level is relatively low, and the execution of the sentence shall be suspended, but the execution of the sentence shall be suspended, and the attending of the compliance driving course shall be ordered together to prevent recidivism.