A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 11, 2017, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act from the Seoul Southern District Court.

Nevertheless, at around 02:10 on September 28, 2019, the Defendant driven an ETB car in the direction of about 4 km from the front road in Kimpo-si B to the second floor parking lot of DD in Kimpo-si, Kimpo-si, Kimpo-si.

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. Police suspect interrogation protocol of the accused;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Considering that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a record of having been punished several times for the same crime, and that the blood alcohol concentration exceeds 0.137%, it is reasonable to sentence the defendant to the punishment.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the fact that the defendant reflects the defendant's mistake, the motive and circumstances of the crime, the contents of the previous criminal records, the timing and frequency of the crime, the circumstances after the crime, the age, character and conduct, family relationship, and economic circumstances.