A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 27, 201, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on October 27, 201, and was sentenced to a suspended sentence of 1 year and 3 months for the same crime in the same court on November 10, 2017.

【Criminal Facts】

On October 16, 2019, the Defendant driven D K3 automobiles while under the influence of alcohol 0.167% of the blood alcohol concentration at approximately 300 meters in front of the main station located in Ulsan-gu B, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Inquiry reports, such as criminal records, investigation reports (verification of the same type of records), and application of two copies of written judgments to 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized the crime of this case of driving under the influence of alcohol and reflects the wrongness of the defendant, the danger of ordinary traffic, such as traffic accidents, etc. does not occur due to the driving under the influence of alcohol, the defendant has no other punishment power except the same kind of crime as stated in the criminal records as stated in the judgment of the defendant, and the social ties of the defendant seems to be sound, which are favorable to the defendant.

However, the Defendant had been punished for drinking driving two times prior to that time, and in particular, in 2017, the blood alcohol concentration was extremely high, causing a traffic accident under the state of drinking, and the Defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and was sentenced to a suspended sentence.

Nevertheless, the defendant again committed a crime that was committed under the influence of alcohol during the period of probation (the present probation period has been too excessive) and the alcohol concentration level of the blood alcohol level of the dry driving is very high.