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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

Criminal power is sentenced to a fine of KRW 3,00,00 for a violation of the Road Traffic Act (recognition refusal), at each Chuncheon District Court on June 4, 2007 (see Article 38 of the Evidence Record). (2) The defendant was sentenced to a summary order of KRW 5,00,00 for a violation of the Road Traffic Act (recognition refusal). (See Article 42 of the Evidence Record). (3) On September 6, 2007, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Article 45 of the Evidence Record). (3) On January 6, 2017, the defendant was sentenced to a summary order of KRW 5,00,00 for a violation of the Road Traffic Act (Article 45 of the Evidence Record).

Criminal facts

On May 9, 2020, at around 04:03, the Defendant driven EM5 vehicles over a distance of about 500 meters from the entrance of “C” restaurant located in Chuncheon City B to the D apartment located in its neighboring area, while under the influence of alcohol of 0.184% (see, e.g., evidence record 14).

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification, etc. of the results of regulating drinking driving;

1. A previous conviction in judgment: An inquiry report, an investigation report, and application of Acts and subordinate statutes to the details of the progress of the case, and output of the judgment;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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. Probation and community service order under Article 62-2 of the Criminal Act;