A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 31, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court; on June 13, 2008, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; on January 22, 2014, the Seoul Western District Court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court; on July 17, 2015, the Defendant was sentenced to 6 months imprisonment and 2 years of suspended execution.

【Criminal Facts】

On September 1, 2019, at around 02:53, under the influence of alcohol, the Defendant driven a 70-meter section from the lower-nam apartment C-dong parking lot to the road front of the said B apartment house at the lower-class, under the influence of alcohol level of 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Reporting on detection of violations of the Road Traffic Act, 112 reporting records, field photographs, report on the circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment, etc.);

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. A normal drunk driving that is disadvantageous to the reason for sentencing (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 200) is a crime that may pose a threat to traffic order

The Defendant had a record of criminal punishment (in addition to the four-time criminal records written in the statement of criminal records in the market, there has been a record of being punished as a fine of 2.5 million won in 2004), including criminal records in the judgment of the Defendant, and in particular, even though he was sentenced to a suspended sentence of imprisonment in 2015, he again committed the crime of drinking driving in the instant case.

The crime of this case.