A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 10, 2001, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Yeongdeungpo Branch of the Daegu District Court on March 10, 2001. On July 11, 2001, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of six months for a violation of the Road Traffic Act (driving). On April 25, 2018, the Daegu District Court received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch of the Daegu District Court on April 25, 201, and on July 25, 2018, the judgment became final and conclusive on August 2, 2018.

At around 19:50 on April 21, 2020, the Defendant driven a Fland knife vehicle at a section of about 500 meters from the front of the restaurant located in the Guk-gun B to E located in D while under the influence of alcohol of 0.04% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Arrest reports on occurrence of the case, report on internal investigation and report on each investigation;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, report on the circumstances of drinking drivers, and inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification during the same type of power and probation period);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) recognizes all of the instant crimes. The Defendant’s blood alcohol concentration at the time of driving is relatively low.

However, despite the fact that the defendant was sentenced to a fine in 2001 due to drinking driving, a suspended sentence of imprisonment in 2001, a fine in 2018, and a suspended sentence of imprisonment in 2018, the defendant is again subject to the suspended sentence due to last drinking driving.