A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 19, 2013, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act, etc. in the Chuncheon District Court's original state support on April 19, 2013, and on September 25, 2013, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime, etc. in the same court.

On April 22, 2019, at around 21:10, the Defendant driven a DNA-learning car at a section of about 750 meters from the front city B and the front road to C, while under the influence of alcohol by 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Consent to blood collection and written confirmation;

1. Written request for appraisal, - Blood alcohol appraisal report;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on confirmation of criminal punishment for a suspect's drunk driving at least twice, and two copies of judgment) and the application of Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the reason for the sentencing of sentence of imprisonment with labor is a crime highly high recidivism rate.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

D. Unfavorable circumstances: The crime of this case committed again with the record of punishment for drinking driving two or more times, but the statutory penalty for the crime of this case is imprisonment with prison labor for not less than one year but not more than three years, and the lower limit of the applicable sentences is up to one year.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration is very high to 0.198%, as well as the traffic accident occurred.

(However, as vehicles are covered by comprehensive insurance, material damage has not been prosecuted. Defendant is under the influence of alcohol.