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 December 12, 2014, the Defendant was issued a summary order of 1,500,000 won for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on December 12, 2014. However, around 14:30 on January 10, 2020, the Defendant driven an Efol vehicle while under the influence of alcohol of 0.067% from the public parking lot in the Chuncheon City to the D restaurant located in the Gangseo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. To the extent that the statutory punishment is mitigated by taking into account the fact that the defendant has committed a crime and made a mistake therein, the period of punishment shall be set and the execution of the sentence shall be suspended on condition of probation, in consideration of the fact that the defendant has committed a crime and made a mistake therein, and the blood alcohol concentration level is not so high;