A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On January 25, 2008, the Defendant was issued a summary order of KRW 2 million by the Seoul Southern District Court due to a violation of the Road Traffic Act, etc., and on December 3, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime at the Seoul Central District Court on December 3, 2014, and was sentenced to a suspended sentence of two or more times.

【Criminal Facts】 On November 12, 2018, at around 20:40, the Defendant driven a Fran vehicle under the influence of alcohol content 0.185% while under the influence of alcohol content 0.185% from the front of the cafeteria “C” restaurant located in Paju City B to the front of the “E” road located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of crime records, etc.);

1. Relevant legal provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act of the choice of punishment, and the grounds for sentencing of sentence of imprisonment are recognized to be erroneous by the defendant. However, the defendant, including the criminal records stated in the judgment of the court, did not know even though he/she had been punished four times for the same crime, and he/she did so again without being aware of it, and there are many other records of driving without a license.

In light of the criminal records of the defendant, the defendant's mistake is divided into the truth.

Therefore, it is difficult to expect the effect of punishment only by a fine or a suspended sentence of imprisonment, because the risk of drinking or unlicensed driving is not well recognized.

The punishment as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in this case, such as the circumstances mentioned above, the distance of driving, the degree of blood alcohol level at the time, the age, character and conduct, environment, and family relationship of the defendant.