A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 31, 201, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court. On July 31, 2015, the Defendant was sentenced to a summary order of four million won for a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

At around 23:30 on February 29, 2020, the Defendant driven a F bargaining car under the influence of alcohol with approximately 4 km alcohol concentration of about 0.136% from the front of the “C” road in the original city B and the first floor in the same city D until the “E” road in the same city D.

As a result, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) and a photograph of the accident site;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment of the same kind 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. In light of the fact that the sentence of a sentence is inevitable in light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the previous conviction of a suspended sentence of imprisonment, and the fact that a certain period of time has not elapsed from the past punishment, etc., the sentence of a sentence is inevitable.

However, considering the fact that the defendant is divided and reflected, etc., the defendant's age, character and conduct, family relationship, environment, etc. shall be determined as ordered by considering various circumstances shown in the trial process of this case, including the defendant's age, character and conduct, family relationship, etc.