A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On December 6, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on December 6, 2013.

【Criminal Facts】

On April 16, 2020, at around 23:30, the Defendant driven a F K5 vehicle while under the influence of alcohol with about 10 meters alcohol concentration of about 0.15% from the 10-meter section from the front side of the Seo-gu Daejeon to the front side of the E in D.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report, an accident site photograph, an investigation report, the results of crackdown on drunk driving, the notification of the results of crackdown on drunk driving, the circumstantial statement of a drinking driver, the report on investigation into the next-time driver, and an investigation report (investigation into the failure of a victim's written statement);

1. Previous convictions in judgment: Application of inquiry results and investigation reports (Attachment to the same criminal records and summary order)-related Acts and subordinate statutes;

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 driving under the influence of alcohol in sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) requires a punishment corresponding to the crime that may cause serious harm to another person’s life, body and property.

Although there was a history of punishment twice due to drinking driving, the defendant is likely to commit the crime of this case at the same time during the period of suspension of the execution of the crime.

At the time of committing the instant crime, blood alcohol concentration is high, and the Defendant’s contact with him while driving under influence, resulting in physical damage, and the nature and circumstances of the relevant crime are not weak.

On the other hand, the defendant has been punished several times due to the crime of immigration.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.