A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 7, 2008, the Defendant issued a summary order of KRW 1,00,000 as a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on March 7, 2008, and on June 1, 2011, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) and on August 21, 2018, the said judgment became final and conclusive on August 29, 2018.

【Criminal Facts】

On February 25, 2020, around 00:41, the Defendant operated a free-to-land under the influence of alcohol 0.104% from the 10km section to the 19-1st road prior to the identity station in the Yangyang-gun Personal Identity Station 19-1, the Defendant operated a free-to-land under the influence of alcohol 0.104%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant’s legal statement, notification of the results of the drinking driving control, investigation report (report on the status of a drinking driver), report on the status of a drinking driver, on-site photographs of the results of the drinking driving control, on-site photographs of the Defendant, ctv images for crime prevention, and closure photographs;

1. Records of previous judgments: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment), and application of each Act and subordinate statutes to each 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. In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act where the statutory penalty is increased, it is necessary to strictly punish the act of drunk driving in the light of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing) and the social risk of drunk driving.

In light of the fact that the defendant has been punished five times due to drinking driving, and in particular, it is necessary to severely punish the defendant in light of the fact that the defendant has been engaged in drinking driving while the suspension of the execution period due to drinking driving.

The defendant's mistake is recognized and reflected, and the drinking distance is used.