A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 19, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on November 29, 201, a fine of two million won for the same crime at the Daegu District Court on November 29, 201, and a suspended sentence of six months for the same crime at the same court on January 29, 2015. On May 12, 2016, the same court was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving) and on August 19, 2016, the sentence of the suspended sentence became final and conclusive, and the period of parole in the racing prison was expired on March 30, 2017, and on May 11, 2017.

【Criminal Facts】

On July 20, 2019, at around 00:50, the Defendant driven a Fpoter freight at a section of approximately 100 meters of blood alcohol concentration of about 0.180% from the section of approximately 100 meters up to the front road of the Epoter located in D, Daegu Suwon-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A written appraisal of blood alcohol;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of the results of inquiry, investigation reports (the previous convictions of suspects and attachment of judgments), investigation reports (report on confirmation of the period of repeated crimes) and statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant has already been punished several times, including imprisonment for the same kind of crime, but also that the defendant commits the crime of this case without being able to do so during the period of repeated crime due to the same kind of crime, and that the blood alcohol concentration is high, choice of imprisonment for the defendant is inevitable.

However, it shall be considered that the defendant is led to confession and reflect, and that he is a recipient of basic living.