A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 10, 2017, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (Refusal of measurement) from the Daegu District Court Port Branch on February 10, 2017; and on December 31, 2018, the same court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving).

"2019 Highest 4001"

1. At around 22:00 on September 25, 2019, the Defendant driven a C-T-T-A-A-P-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

"2019 Highest 4170"

2. On October 6, 2019, at around 22:50, the Defendant driven a C low-est car with a blood alcohol content of about 80 meters from the pre-road of the mutual disapproval market in Ulsan-si, Ulsan-si to the front road in D, to the front road in D, with a blood alcohol content of about 0.119% under the influence of alcohol.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on the results of the control of drinking driving and the status of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Recognizing the facts charged for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and one of the two cases for driving under the influence of alcohol is the circumstance favorable to the defendant that the blood alcohol content is low.

On the other hand, one of the two cases of a dry drinking driving is deemed to have high blood alcohol concentration; the one is when the blood alcohol concentration was controlled on September 25, 2019; the other is the driving on October 6, 2019; the other is the driving on October 6, 2019; the other is the driving on drinking; the other is the one before the driving on drinking and the one before the refusal of the measurement of drinking; and one year has not passed since the previous crime of the driving on drinking.