A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal power] On January 21, 2009, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s wooden branch on January 21, 2009, and on January 12, 2011, the same court issued a summary order of KRW 2.5 million as the same crime, and on November 15, 201, on November 15, 201, the same court was sentenced to a suspended sentence of imprisonment for six months for the same crime, etc., and was sentenced to a suspended sentence of one year for the same crime on November 11, 201.

【Criminal Facts】

On November 22, 2019, at around 03:12, the Defendant driven a C-A-to-purgn vehicle with approximately 1km alcohol concentration of about 0.113% under the influence of alcohol on the front of the 2962 private street, as from the front of the Do in Ischeon-si, Leecheon-si, to the front of the 2962 private street.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, the circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, as stated in its reasoning, did not know about four times the period of criminal punishment for drunk driving (two times the suspended execution during the period), and (b) at least four days after the end of the suspended execution period, committed the instant crime of drunk driving; and (c) the blood alcohol concentration level at the time was considerable.

Considering the fact that the same kind of crime is repeated and the risk of the occurrence of serious damage, it is judged that it is necessary to give the defendant a warning about drinking through detention for a certain period of time and to promote the safety of general traffic.

Therefore, the defendant will be sentenced to punishment.