A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 16, 2006, the defendant issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, etc. by the court of the same jurisdiction on August 27, 2008, a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving) by the same court on September 11, 2008, a summary order of KRW 1.5 million by the same court on September 24, 2008, a summary order of KRW 3 million by the Seoul Central District Court on June 24, 201, and a summary order of KRW 3 million by the Seoul Central District Court on March 3, 2016.

Around 05:00 on March 27, 2020, the Defendant driven an Eststren vehicle at approximately 1.5 km from the D High School located in the same Gu C to the front road of the Dongwon-gu, Ansan-si, Agsan-si, Agsan-si, B apartment, under the influence of alcohol content of 0.04%.

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. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, notification of the results of the regulation of drinking driving, and control paper;

1. Photographs of the accident site;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.), one copy of judgment, and application of summary order four Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection 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’s drinking operation continues to be repeated six consecutive times.

In the case of this recommendation, if the vehicle was replaced by the central separation zone due to drinking driving, and there was a vehicle or a person in the vicinity, it could lead to a big accident.

In particular, it is more time to consider the fact that the period of suspension of execution has passed and it has not been more than two years, but it again leads to drinking.