A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 1, 2006, the Defendant issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (driving) at the Incheon District Court on August 1, 2006; on February 19, 2008, the same court issued a summary order of KRW 4 million for the same crime, etc.; and on May 22, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for imprisonment with labor for the same crime.

Nevertheless, at around 02:52 on March 20, 2020, the Defendant driven an Epoter II truck under the influence of alcohol leveling 0.083% of alcohol level from approximately 70 meters to the front road of “D” located in the same city as “D” located in the same city as the B hotel in the Do.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the intensity of a traffic accident, the survey report on actual condition, photographs at the scene of an accident, the investigation report on the circumstantial statement of a drinking driver, the circumstantial report, and notification on the results of the control of drinking driving;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation report (a), summary order of the same criminal records, and copy of the judgment), and summary order and judgment;

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 nature of the crime is heavy in that the reason for the sentencing of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation and the end of the punishment multiple times due to the driving without a license, even though the driving under the influence of alcohol was subjected to the suspension of the execution, and the driving under the influence of alcohol again was done at around 2013.

Therefore, the sentence shall be sentenced, and the term of punishment shall be determined as ordered in consideration of various circumstances such as blood alcohol concentration, distance of drunk driving on the day, background leading to the drunk driving on the day, and the age, character, and environment of the defendant.