A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 28, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On July 14, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court. On February 6, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 16, 2019, the Defendant driven an EM car at approximately 3km from the front of the cafeteria of the Daegu Northern-gu, Seoul to the front of the Daegu-gu D, while under the influence of alcohol of 0.087% of blood alcohol level around 22:43, the Defendant driven the EM car from around 3km to the front of the Daegu-gu D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (Report on the status of an employee);

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver, the report on the management of and the inquiry into the reports on the state of drinking practice;

1. An accident site photograph;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, etc.;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was that the Defendant had been punished five times by a fine due to drunk driving prior to the instant case, and in 2011, the Defendant again repeated the same type of crime even though he had the record of being punished by a fine due to an illegal driving.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.087%.

In addition, when the defendant was at a drinking control place to take a drinking test due to the influence of alcohol at the drinking control place, the defendant neglected the police officer's restraint and escaped from the vehicle, resulting in additional traffic risks such as causing the police's shock driving.