A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 29, 2016, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 1 million at the Incheon District Court for a violation of the Road Traffic Act, and on October 11, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment with labor for a violation of the Road Traffic Act (e.g., refusal of measurement) at the Suwon District Court.

On July 28, 2019, at around 00:14, the Defendant driven B rocketing car from approximately 100 meters away from the front line of the trade name in the Suwon-gu transfer-dong to the front line of the Suwon-si, Suwon-si, to the front line of the water viewing in the same Dong, while under the influence of alcohol of 0.074% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of measurement of drinking alcohol, results of regulation of drinking driving, and investigation report (report on the circumstances of drinking drivers);

1. Previous convictions: Criminal records, investigation reports (verification of the same kind of records), judgments, and application of Acts and subordinate statutes concerning summary information of a case;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was that the Defendant committed the instant crime even though he/she had been punished once by a fine due to the same kind of crime, and once a suspended sentence was suspended, again committed the instant crime.

Defendant

Even according to his own statement, he dices a considerable amount of alcohol until late night, and was driving even though the period of time has not elapsed after drinking.

It is difficult to see that there is a circumstance in which the principal cannot be forced to drive directly.

In addition, it is inevitable to sentence the defendant who has been under the influence of alcohol due to the negligence of a fine and the suspension of the execution of a sentence.

However, the fact that the defendant is aware of and against the crime in this court, the blood alcohol concentration is not high, and the driving distance is relatively short, and no personal and material damage has occurred due to the crime in this case.