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

Punishment of the crime

[criminal power] On September 22, 2011, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 22, 201; on December 12, 2014, the same court issued a summary order of four million won for the same crime; and on June 23, 2016, the Defendant was sentenced to imprisonment of eight months and two years of suspension of execution.

【Criminal Facts】

On October 19, 2019, the Defendant driven the EM5 vehicle from around C Hospital located in B in the Cheongju-si to Down-si, the Defendant was under the influence of alcohol of 0.248% of blood alcohol level on October 23:17, 2019.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol while violating the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, on-site surveys, on-site surveys, on-site statements of a drinking driver, notification of the results of the drinking driving control, and on-site reports for appraisal;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 16);

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: (a) the Defendant recognized the instant crime; and (b) the Defendant is in the position to support his spouse and children; and (c) are favorable to the Defendant.

However, the Defendant has already been punished for the same kind of crime, such as drunk driving, and the Defendant was sentenced to a two-year suspended sentence for the violation of the Road Traffic Act at the District Court on June 23, 2016. However, even though he was sentenced to a two-year suspended sentence for the violation of the Road Traffic Act on June 23, 2016, the Defendant again committed the crime of drinking driving in this case, and there is a high possibility of criticism and risk of recidivism.

The revised Road Traffic Act is a serious crime that can bring the life of a person who is not only the driver but also the driver.