A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 8, 2011, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On August 29, 2012, the Defendant was sentenced to imprisonment for eight months at the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 24, 2019, at around 13:50, the Defendant driven C Kani vehicle in the state of alcohol with approximately 4 km from the front of the Defendant’s house located in Seo-gu, Seo-gu, Gwangju to the Gyeongcheon Road located in Seo-gu, Gwangju to the lower end of the Manambro, with a blood alcohol concentration of about 0.243%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, and replys to inquiries, one copy of the judgment, and one copy of the summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1)1 and Article 44 of the same Act (wholly amended by Act No. 16037, Dec. 24, 2018); the Defendant, prior to committing the instant crime, has already been punished three times or for drinking driving; among them, one of them was sentenced by causing a traffic accident

Nevertheless, it is difficult to view that the Defendant is under the risk of re-offending by the Defendant, while driving a vehicle in the state of drinking without reflection and drinking.

On the other hand, blood alcohol concentration is high.

Consideration into favorable circumstances, such as recognizing the defendant's wrong;

Even if a minor sentence is imposed against the defendant, it is difficult to sentence.

The punishment as ordered shall be determined in consideration of the circumstances above, the distance and place of drinking driving, the defendant's age, character and conduct, environment, circumstances after the crime, etc.