A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 9, 2006, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 9, 2006. On November 25, 2008, the Defendant was issued a summary order of a fine of one million won with the same crime in the same court on November 25, 2008. On December 11, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the same court.

On September 29, 2019, the Defendant: (a) around 13:30 on September 29, 2019, while driving a d motor vehicle with approximately approximately 20km from the B apartment in Yangju-si to the front of the Gyeonggi-si, the government of the Gyeonggi-si, thereby violating the alcohol driving at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, references to each disposition, previous records, results of confirmation, each summary order, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation includes imprisonment for a drunk driving even before the defendant has been punished several times.

Nevertheless, it has caused a traffic accident while driving under the influence of 0.120% of alcohol concentration in the second blood.

However, the fact that the defendant is recognized as committing the crime and the scale of the accident caused by the defendant is relatively small, the vehicle of the defendant is covered by the comprehensive automobile insurance, the defendant is faced with the economic difficulties of the defendant, and the majority of the defendants want to take into account the circumstances favorable to the social ties, such as the fact that social ties seems clear.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.