Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On May 8, 2015, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Road Traffic Act, etc. in the Daejeon District Court's branch on May 8, 2015, and on March 30, 2007, issued a summary order of one million won by the Jung-gu District Court on March 30, 2007.

On January 27, 2020, at around 01:40, the Defendant driven an Efluor vehicle under the influence of alcohol concentration of about 0.129% in the section of about 10km from Sejong City B apartment road to the front roads located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the occurrence of the traffic accident, report on the scene of the accident, report on the circumstantial statement of the drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to replys to inquiries, such as criminal records, and investigation reports (a copy of judgment, 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

There was no personal damage.

It seems that the current economic situation is not sufficient.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

In the past, the defendant has been sentenced to three times of a fine due to drinking driving or one sentence, and above all, the defendant is showing the legal order and the life of another person in that he/she has been sentenced to a death accident resulting from drinking driving, and even though he/she has been punished, he/she is also driving at once.

The blood alcohol concentration measured is very high to 0.129%.

In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime.