A defendant shall be punished by imprisonment for a term of one year and four 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 August 14, 2009, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Chuncheon District Court on August 14, 2009, and one million won as a fine in the same court on December 15, 2016.

On June 9, 2020, at around 01:32, the Defendant driven a B low-speed motor vehicle over a section of about 30km from the road in the wife population in the state of alcohol of 0.116% to the front road of the gas station located in Echeon-si Macheon-si in the front of the oil station located in Echeon-si Macheon-si.

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 of the circumstances of driving under the influence of alcohol, report of the circumstances of driving under the influence of alcohol, and inquiry into the results of crackdown on driving under the alcohol;

1. Previous convictions: Application of the Acts and subordinate statutes to inquiry reports and outputs of summary order;

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 under Article 62-2 of the Criminal Act on the grounds of sentencing is that the defendant was subject to criminal punishment for four times due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration is considerably high, and the driving distance is relatively short.

However, considering the following facts: (a) the Defendant’s mistake is divided and again makes the Defendant not to drive under the influence of alcohol; (b) the occurrence of a traffic accident is not occurred due to the instant crime; (c) the remainder of the previous criminal records other than those sentenced to punishment on or around 2016 among the four previous criminal records related to driving under the influence of alcohol; and (d) there is no history of criminal punishment exceeding the fine imposed on the Defendant.

In addition, the age, character and conduct, intelligence and environment of the defendant, family relationship, circumstances at the time of crime, etc. are shown in the trial process of this case.