A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 23, 2012, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from the District Court on August 23, 2012. On June 14, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. in the same court on June 14, 2013. On January 13, 2016, the Defendant received a summary order of KRW 7 million for the same crime.

On October 7, 2019, at around 20:38, the Defendant driven an Ecom-sports vehicle under the influence of alcohol concentration of 0.048% on the roads near C in the Namyang-si, Namyang-si, and the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection (Violation of the Road Traffic Act), report on the situation of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and report on the state of standing of a driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (attached to summary orders of the same kind of case);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, was sentenced to a fine on around 2012 due to a violation of the Road Traffic Act (driving) and the Act on Special Cases concerning the Settlement of Traffic Accidents, was sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) on around 2013 and was sentenced to a fine on around 2016, but was sentenced to the instant crime.

In light of the previous criminal records and their interval, etc., considering that although the defendant shows an attitude against himself/herself, the blood alcohol concentration in this case is over 0.048% and the old mother must be supported.

Even if the sentence is imposed on the defendant, it is inevitable.

The age, character and conduct, family relationship, and family relationship of the defendant.