A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 1, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site, and on August 24, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on August 25, 201, and was sentenced to a suspended sentence of two years for eight months for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on September 25, 2013.

【Criminal Facts】

On August 13, 2019, the Defendant, while under the influence of alcohol of 0.123% on blood alcohol on August 22, 13, 2019, operated a d SM6 car from approximately 5 km section to the front of Pyeongtaek-si in front of Pyeongtaek-si dormitory, and violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiry statements, such as criminal records, investigation reports (report on confirmation of the same criminal records as a suspect), and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant recognized his mistake and seriously reflects his or her fault, disposed of his or her vehicle, and again, he or she would not drive the vehicle under the influence of alcohol.

This is the circumstances favorable to the defendant.

However, it is necessary to strictly punish the drunk driving because it is a very high risk of infringing the life and property of others as well as itself.

The defendant had been convicted of drunk driving three times and has been sentenced to a suspended sentence of imprisonment once.

In addition, it has been two times of fine due to unauthorized driving.

In addition, in the case of this case, the defendant's blood alcohol concentration is also high.

Considering these circumstances, no sentence may be imposed.

The above circumstances as well as other circumstances.