A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On February 13, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On December 20, 201, the Defendant was issued a summary order of 4 million won by the same court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 24, 2019, at around 14:45, the Defendant driven C vehicle under the influence of alcohol concentration of about 0.057% from the 2km section from the 2km to the front road of the Gwangju Mine-gu.

Accordingly, the defendant, who was punished not less than twice due to drinking driving, once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Criminal records: Inquiry reports, written judgments, and application of summary order 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 sentencing choice of imprisonment is multiple criminal offenses against the defendant; among them, the period of punishment for drunk driving has five times.

In addition, the driver was under the direct control of the re-suspension of the suspended sentence for the illegal driving committed during the suspended sentence due to the drunk driving.

Nevertheless, since it seems that the criminal defendant is not good in that the criminal defendant is engaged in driving a second time and the risk of recidivism is high, the criminal defendant is sentenced to punishment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime is committed, the defendant's age, character and conduct, and the environment.