A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of Violation of Article 44(1) of the Road Traffic Act] On September 25, 2009, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for the crime of violation of the Road Traffic Act. On January 2, 2012, the same court was issued a summary order of KRW 5 million by the same crime, etc. on January 7, 2014. On January 7, 2014, the same court was sentenced to two years of imprisonment with prison labor for the same crime. On August 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime.

【Criminal Facts】

On September 30, 2019, the Defendant driven C Copi-sports cargo vehicle at approximately 15 km from the front line of Yong-gun, Yong-gun, Seoul to the front line of the 625 Jinc three streets, while under the influence of alcohol of 0.103% of blood alcohol level, around 13:25.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Notification of the control of drinking driving;

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

1. Previous records of judgment: Criminal records, repeated statements, each summary order, and application of each statute of the 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 Act (see, e.g., circumstances explaining the reasons for sentencing) was four times as a drunk driving in violation of Article 44(1) of the Road Traffic Act, and two times as a previous drunk driving in violation of Article 44(1) of the Road Traffic Act. Among them, the recent crime was punished as a sentence for a drunk driving in 2015, but was punished as a sentence for a drunk driving in 2015, and thus, the defendant has to be sentenced to imprisonment.

However, there is time interval between the Defendant’s drinking termination time and the driving time, and there is an interval of about four years between the previous conviction and the instant crime day, and there is a reason to take into account the motive of the instant crime, the Defendant’s environment and family relationship.