A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court on March 11, 2016, and completed the execution of the sentence on September 25, 2016 at the wooden Branch of the Gwangju District Court on March 11, 2016.

On April 8, 2019, at around 20:27, the Defendant driven a passenger vehicle B with a blood alcohol content of about 0.091% under the influence of alcohol at a section of approximately 1km at the same time from the front of a restaurant located in the name and address of the north-gu, Ulsan Metropolitan City to the roads, Jung-gu, Ban-dong-dong Intersection.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking drivers, the circumstantial report on drinking drivers, and the circumstantial statement of drinking drivers;

1. Previous convictions: A written inquiry about criminal records and investigation records, reports on criminal investigations (verification of recidivisms before and after the latest punishment of a suspect is attached to the judgment, and during the same type of repeated crime period), two copies of judgment, and application of Acts and subordinate statutes to the status of

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has reached eight times the same criminal records including three times of punishment, and even during the period of repeated crime, it is necessary to strictly punish the defendant.

In such circumstances, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and pleadings, such as the age, character and conduct, family relationship, and circumstances before and after the crime.