A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On October 10, 2005, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 3, 2008 and the Daejeon District Court on August 3, 2008 for a violation of the Road Traffic Act (driving). On August 31, 2012, the Defendant was sentenced to a suspended sentence of 1 year for the same court on January 25, 2013.

【Criminal Facts】

On March 27, 2020, at around 21:49, the Defendant driven BMW car under the influence of alcohol with approximately 3 km alcohol concentration of about 0.157% from the section of approximately 3 km from the roads near the cafeteria-dong of Sejong Special Self-Governing City to the 3km-dong of the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, reports on the results of the regulation of drinking driving, and circumstantial statements of drinking drivers: The application of Acts and subordinate statutes to criminal records, etc. and investigation reports (attached to court records on driving under the influence of alcohol of the suspect);

1. Relevant Articles 148-2(1) and 44(1) of the Road Traffic Act in relation to the crime and the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “contributative circumstances”) of the Act on Discretionary Mitigation and Mitigation of Discretionary Punishment;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act shall provide that a person who has driven under the influence of alcohol at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if the person is subject to discretionary mitigation);

The defendant has been sentenced to a fine, a suspended sentence of imprisonment, or imprisonment with prison labor, as stated in the records of criminal records.

Circumstances favorable to the defendant: The defendant acknowledges and reflects the crime of this case.

(b) other.