Defendant shall be punished by imprisonment for a term of one year and six months.
Punishment of the crime
[criminal power] On August 17, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Incheon District Court’s Branch Branch of Incheon District Court on August 17, 201, and on September 12, 2014, the Defendant was sentenced to imprisonment for one year and six months, and on February 9, 2017, to eight months for a violation of the Road Traffic Act (recognition) at the Seocheon Branch of the Chuncheon District Court on February 31, 201, and the execution of the sentence is completed on May 31, 2018.
On August 14, 2019, the Defendant, while under the influence of alcohol of 0.121% of blood alcohol content, driven B B B in the section of approximately 7 km from the national highways of approximately 843 meters, to the national highways of approximately 42 km-distance at the entrance of the cerebral Dorro to the same military-proof area from the Do adjacent to the "Geng-gu, Sejong-do" Do in the Gangseo-gu Seoul Special Metropolitan City.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol or the duty to comply with a request for a measurement of alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking drivers, report on the circumstantial statements of drinking drivers, and investigation report (report on the status of drinking drivers);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes and the same kind of power, etc.), and application of Acts and subordinate statutes attached thereto;
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. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The scope of applicable sentences: Imprisonment for one year to five years;
2. Scope of recommending sentences: Non-application of the sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.121%, driven a car about 7 km in a state of alcohol.
The Defendant was sentenced to a fine of KRW 2 million due to a drunk driving in 2001, a fine of KRW 1 million due to a drunk driving in 2004, a fine of KRW 2 million due to a drunk driving in 201, a fine of KRW 2 million due to a drunk driving in 201, a fine of KRW 1.6 months due to a drunk driving in 201, and a refusal to take a drinking test in 2017, and at the time of the instant crime.