A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On January 31, 2018, the Defendant of criminal records was sentenced to ten months of imprisonment and two years of suspended execution for a violation of the Road Traffic Act on January 31, 2018. The judgment became final and conclusive on February 8, 2018.

2. On July 21, 2019, at around 13:39, the Defendant driven a DNA SM5 car while under the influence of alcohol content of 0.224%, e.g., 0. from the day near the petitioner-gu B hotel to the road near the same Gu C apartment parking lot located approximately one kilometer.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal history records, inquiry reports, investigation reports (Evidence Nos. 22), application of court rulings or 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 amendment of the law has been made and reflected in the seriousness of the harm caused by the driving under the reason of the sentencing under Articles 53 and 55(1)3 of the Criminal Act and the high recidivism rate of drinking drivers, which led to the formation of a social consensus to strengthen the punishment for the driving under the influence of alcohol due to the high recidivism rate of drinking drivers. The defendant is driving a vehicle again during the suspension period after being sentenced to a suspended sentence due to the driving under the influence of alcohol as stated in the judgment. In addition to the previous conviction, the criminal records of the same kind of crime are added to the previous conviction, and it is against the fact that the defendant's age, character and behavior, motive of the crime, the concentration of the blood alcohol of this case, and the defendant's health status are not good, and other favorable circumstances such as the occurrence of traffic accidents, such as the occurrence of personal damage, and the fact that there are some circumstances to be taken into account in the course of the driving, and all other circumstances specified in the records and arguments of this case shall be determined as the sentence.