A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 8, 2015, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Suwon District Court for the crime of violation of the Road Traffic Act, and has three same criminal records.

【Criminal Facts】

On February 12, 2020, at around 18:06, the Defendant driven a low alcohol vehicle under the influence of alcohol with approximately 0.133% alcohol content at a distance of about 10km from the nearest main points in the Sejong East-dong, Suwon-si to the nearest roads of 10km-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (attached records of the same kind of suspect), and copies of judgments, and application of 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. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was the past record (2009, each fine in 2013, 2015, suspension of execution of imprisonment in 2015) that the Defendant was punished for drunk driving, this case’s drunk driving was conducted. In addition, considering the risk that drunk driving may affect many and unspecified persons, and the purport of the amendment of the amended law, the nature of the crime is not somewhat weak.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the punishment as ordered, shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the