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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 28, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court, and on April 21, 2009, the same court was sentenced to a fine of KRW 3 million as the same crime, and on April 3, 2013, the same court was issued a summary order of KRW 8 million as the same crime, and on June 9, 2016, the Defendant was sentenced to a summary order of KRW 8 million as the same crime.
Although the Defendant had been punished for drinking driving more than twice as above, around 05:57 on April 23, 2019, the Defendant driven a Fworkren vehicle under the influence of alcohol 0.155% from approximately 50 meters away from the road located in Busan East-gu D Apartment E-dong, Busan to the road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a drinking driver, ledger of use of a drinking measuring instrument, and calculation of the blood alcohol concentration;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Although the pertinent legal provisions on criminal facts, and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), which have been punished for driving under the influence of alcohol due to the reason for the sentencing of sentence of imprisonment, are possible, the crime of this case is committed in addition, the crime of this case is against his/her mistake, the motive and circumstance of the crime, the degree of blood alcohol level at the time of the crime, etc. are considered as a whole.
The acquittal portion
1. The summary of the facts charged, despite the fact that the Defendant had been punished for drunk driving twice or more as stated in the facts constituting the crime, the Defendant driven a F rocketing car with a blood alcohol concentration of about 500 meters from the front road located in the Busan East-gu, Busan, to the front road of D apartment E-dong, Busan, on April 23, 2019 to around 500 meters.
2. According to the evidence of judgment, the defendant moved to the seat of D Apartment E.