A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 21, 2008, the Defendant was sentenced to imprisonment for five months with prison labor for a crime of violation of the Road Traffic Act in the Ansan Branch of the Suwon District Court on November 21, 2008, and was sentenced to two years of suspension of execution. On April 22, 2015, the Defendant was sentenced to a summary order of KRW 4 million from the Incheon District Court's Branch Branch of the Incheon District Court on April 22, 2015 and was issued three times

【Criminal Facts】

On August 20, 2019, around 04:48, the Defendant driven the EMW car while under the influence of alcohol content of about 0.161% in approximately 200 meters from the 200-meter section to the front road of the same city as D located in Seocheon-si B from the roads located in the same city.

Accordingly, the defendant was driving a car in violation of the prohibition of drinking driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. On-site photographs of CCTV for crime prevention;

1. Previous records: Criminal records, results of confirmation before and after dispositions, copies of each summary order, and application of Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - The defendant seems to have shown his/her attitude to recognize and reflect the crime.

- The blood alcohol concentration is considerably high.

- The Defendant was sentenced to a fine of one million won on January 9, 2004, a fine of two million won on October 21, 2005, a fine of five million won on August 4, 2006, a fine of one million won on August 14, 2006, and a fine of one million won on March 14, 2008 due to a non-licensed driving on April 22, 2015, and was sentenced to a suspension of the execution of five months for a drunk driving on April 22, 2015.

The defendant has been punished several times due to drinking driving, but his awareness of compliance with driving is very weak, and has not been crypted even after the suspension of the execution of imprisonment.