A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 4, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 22, 2013; a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on May 22, 2013; and a fine of seven million won for a violation of the Road Traffic Act (driving) at the same court on February 8, 2017.

【Criminal Facts】

On March 29, 2020, at around 08:35, the Defendant driven a B low-speed car with a blood alcohol content of about 0.106% while under the influence of alcohol at a section of about 70km from the Do in which the rural village of Goyang-dong is located in Goyang-si to the lower-speed line of the Gosan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking, measurement of alcohol, and land for freez;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The sentence like the order shall be imposed by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

Unfavorable circumstances - The defendant had already been punished for the same kind of crime in 1999, and was punished for the same crime seven times, such as the fine in 2004, the fine in 2004, the suspension of execution in 2004, the suspension of execution in 2012, 2013, and the punishment in 2017.

- Even though there has been a history of punishment for drunk driving, the drinking driving in this case was conducted at the same time, and considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended law raised by statutory penalty, the quality of the crime is not weak.

- The Defendant also drives on an expressway while under the influence of alcohol.