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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 11, 2011, the Defendant was issued a summary order of KRW 2.5 million for a fine for a violation of the Road Traffic Act, and KRW 4 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on May 3, 2013.
The Defendant stated the written indictment on October 5, 2019 as four days, but this is clear that it is five days’ clerical error, and it does not affect the Defendant’s right to defense, and thus, it was immediately corrected without due process, such as modification of an indictment, since it does not affect the Defendant’s right to defense. At around 00:30, the Defendant driven a Cran vehicle while under the influence of alcohol with approximately 0.075% alcohol concentration from the section of about 10km to the front road of the Gyeonggi-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);
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. Other factors such as the Defendant’s age, environment, character and conduct, result of the crime, circumstance after the crime, etc., in light of all the sentencing factors indicated in the instant argument, including the following: (a) the fact that there are many of the same kind of records as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the time interval between these records and the instant case; (c) the blood alcohol concentration in the instant case; and (d) the level of punishment for recidivism of drinking by amending the Act and the Act and its subordinate statutes, etc., are high; and (c) it