A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On May 19, 2017, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, and a summary order of KRW 2 million for the same crime in the same court on November 12, 2010.

【Criminal Facts】

On October 13, 2019, at around 21:49, the Defendant driven a Dpoter II cargo vehicle with a blood alcohol concentration of about 0.095% in the section of about 70km from the original city B apartment parking lot to the front road of Chuncheon City.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning inquiry into the results of drinking driving control, investigation reports, and criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, etc.);

1. Article 62 (1) of the Criminal Act (limited to cases where the defendant is allowed to be the same as the previous one, and the crime of this case is committed in consideration of the nature of the crime and the distance of driving, etc., which are disadvantageous to the defendant. However, there are no criminal records of a stay of execution or higher due to the same kind of crime, and the defendant has a depth of his mistake, and all other circumstances, such as the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, occupation, family relation, health status, etc. are taken into account);

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;