A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On October 29, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on September 18, 2012, a fine of 4 million won for the same crime at the Busan District Court on September 18, 2012, and a suspended sentence of one year for the same crime at the Ulsan District Court on November 28, 2013, respectively.

【Criminal Facts】

On July 7, 2019, at around 05:45, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 0.199% from the 15km section to the C front road located in Busan Jin-gu, Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement, investigation report, and internal investigation report of the host driver;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (Attachment to decisions related to driving under the influence of a suspect);

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 sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished several times, including the suspension of the execution of imprisonment with prison labor, due to drinking and the crime of unlicensed driving.

Although the Defendant was a pro rata crime in 2012, the Defendant was sentenced to a fine due to his/her family member's failure to repeat himself/herself as a member of his/her family, even though he/she was under the influence of drinking and unlicensed driving during the period of repeated crime, the Defendant again committed a crime of drinking and unlicensed driving in 2013 for which one year has not passed since he/she was sentenced to a fine.

When the defendant's drinking power is examined, the blood alcohol concentration exceeds 0.1%, and this case reaches 0.19%.

The defendant did not appear on the actual examination date of the detention warrant and escaped.

Due to such character and behavior of the defendant, the life and behavior of the defendant as well as the defendant himself and good citizens.