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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power] On August 11, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 11, 2009, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the same court on February 21, 2014.
【Criminal Facts】
On May 1, 2019, the Defendant: (a) driven a F-to-purged car from the frontway of the “C” in Daejeon Pungdong B, and from around 200 meters to the frontway in D, the Defendant driven a F-to-purged car with a blood alcohol concentration of 0.124% under the influence of alcohol level at approximately 200 meters.
As a result, the defendant violated the prohibition of drunk driving at least twice, and once again drives a car while under influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Making a report on the control of drinking driving;
1. Requests for appraisal;
1. A written appraisal of blood alcohol;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation report (a copy of summary order of the same class of electric power case);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant committed the instant crime of drinking alcohol again, even though he/she had the record of being punished four times due to drunk driving and twice due to unlicensed driving; (b) the Defendant committed the instant crime of drinking alcohol; (c) was extremely high; (d) the measure of drinking alcohol of this case; (c) the Defendant made a confession and is against the Defendant; and (d) the Defendant has no criminal record other than the fine; and (e) the favorable circumstances, such as the Defendant’s age, character and behavior, environment, the background and motive of the crime; and (e) the circumstances before and after the crime, etc.,