A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal power] On February 6, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on November 2, 2011, the Defendant received a summary order of KRW 2 million for the same crime from the same court on November 2, 2011, and on March 27, 201, the same court was sentenced to a suspended sentence of KRW 2 million for a crime of violation of the Road Traffic Act in the same court on March 27, 2014, and was sentenced to a suspended sentence of 6 times for the same crime.

【Criminal Facts】

On May 6, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.095% at the section of approximately 300 meters from the front road to the front road of the same Gu, “C hospital” in Suwon-si B, Suwon-si, Suwon-si, Suwon-si, 202.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and written judgments;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been subject to criminal punishment for a drunk driving six times, and even if he was subjected to a suspended sentence two times among them, he/she was running the instant drunk driving at another time, and the amount of drinking at the time of the instant case was not significant.

Since the punishment is repeated for the same kind of crime, it is inevitable to strictly punish citizens in consideration of the fact that compliance spirit or safety awareness on traffic regulations has been shown and that citizens have suffered damage.

In addition, the defendant's age, attitude, environment, driving background and distance, and blood alcohol concentration are considered.