A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On November 4, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

[2] On August 8, 2020, the Defendant driven a Fpoter two cargo vehicles with approximately 80 meters alcohol concentration at approximately 0.161% while under the influence of alcohol level 0.161% in front of the “E” road located in D on the front of the “E” road located in D at L at L, around 23:27, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation reports;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment have the record of being punished two times prior to the instant case, and the Defendant committed the instant crime. In particular, the previous records of the Defendant’s previous punishment are subject to the suspended sentence of imprisonment.

Nevertheless, the Defendant, without being involved, was driving without a license immediately after the above judgment, left the scene without taking any measures against traffic accidents, and accordingly, was sentenced to the suspension of the execution of imprisonment with prison labor.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.161%, and the Defendant had a minimum warning about driving alcohol.

There are no circumstances to see.

As the defendant repeats drinking without being able to improve his personality and behavior even after having been repeated, it is judged that the defendant needs to make a strict punishment corresponding to his mistake.

However, the defendant supports the mother.