A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 22, 2007, the defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on June 22, 2007.

9. The judgment became final and conclusive on November 24, 201, and a summary order of KRW 3 million was issued for the same crime at the Seoul Central District Court on February 3, 201, and on July 5, 2016, the summary order became final and conclusive on February 3, 2012, and on July 5, 2016, the sentence was final and conclusive on October 13, 201 as sentenced by imprisonment with labor for the same crime.

On November 3, 2019, at around 22:12:00, the Defendant driven a Crodic car from approximately 7 km to the front side of the Gyeonggi-gu Ho-dong and the front side of the B apartment at the same time, while under the influence of alcohol by 0.058% of the blood alcohol concentration.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Criminal records, references to criminal records, reports on the results of each disposition, previous records, results of confirmation, judgments of the first and second instances, summary orders, and application of Acts and subordinate statutes;

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 for discretionary mitigation is that the defendant again commits the instant crime even if he had the same criminal record at several times, the defendant has been sentenced to suspended sentence among the criminal records of the same kind; the criminal records of the same kind of criminal record have also been sentenced to suspended sentence; the period of time between the criminal records of the same kind of criminal record and the criminal records; the defendant's age, character and conduct and environment; the defendant's blood alcohol density; the defendant's age, motive, means and consequence of the criminal act;