Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On July 13, 2017, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on July 13, 2017, and on August 17, 2017, sentenced ten months to imprisonment with prison labor for the same crime, etc. at the Seoul Eastern District Court on August 17, 2017, and on December 7, 2018, the Defendant was sentenced to imprisonment with prison labor for injury, etc. at the Daejeon District Court on December 26, 2019 and completed the execution of the sentence at the Daejeon Prison on December 26, 2019.
【Criminal Facts】
On May 17, 2020, at around 23:15, the Defendant driven D Lasta car with approximately 7 km section from the front day of the mutual bend in Seo-gu, Seo-gu, Daejeon to the front day of the convenience store in Daejeon Jung-gu, Daejeon, while under the influence of alcohol level of about 0.032%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the examination of the suspect of the police interrogation by the accused on the occurrence of the case, report on the situation of the drinking driver, report on the situation of the drinking driver, notification of the results of the crackdown on drinking driving, photograph of the control site, inquiry into the results of the crackdown on drinking driving, and report on the investigation of the next occasion
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, previous records of disposition, reports on results of confirmation, investigation reports (attached to summary orders, etc.);
1. Relevant statutory provisions concerning criminal facts and Articles 148-2(1) and 44(1) of the Road Traffic Act (Optional to Imprisonment) of the option of a repeated offender, the reason for the sentencing of Article 35 and Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), among repeated offenders, require the punishment corresponding to the crimes that may cause serious damage to another person’s life, body, and property, need to be applied.
Although the Defendant had been punished twice due to drinking driving, the Defendant is likely to commit the instant crime at the same time during the period of repeated crime, and have a high possibility of criticism.
The length of the defendant's driving is along.
On the other hand, the defendant has committed crimes of different types.