A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 9, 2012, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Southern District Court of the Jeonju on March 9, 2012. On January 17, 2013, the same court received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving). On August 16, 2016, the Defendant was sentenced to imprisonment for one year and two years of suspension of execution.

【Criminal Facts】

At around 02:00 on May 30, 2020, the Defendant driven an Epoter Ⅱ in the state of alcohol with approximately 40 meters alcohol concentration of about 0.129% from the front parking lot of C elementary school gymnasiums located in C elementary school located in C elementary school located in C elementary school located in C elementary school located in Namwon-si, Namwon-si, Seoul.

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. Investigation reports and notification of the results of the control of drinking driving;

1. 112 reported case handling table;

1. A report on internal investigation (field photographs, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, such as sound, etc.);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds 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. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances as a year of imprisonment, taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, as shown in the arguments in this case.

[Unfavorable circumstances] The drinking driving is a crime that may cause serious damage to another person's life, body, or property, and the statutory penalty has been continuously aggravated due to social harm caused by it, changes in the people's legal sentiment.