A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 11, 2010, the Defendant was sentenced to a summary order of KRW 2 million by the Seoul Central District Court for a violation of the Road Traffic Act, a summary order of KRW 1.5 million by the same court on June 22, 2010, a summary order of KRW 1.5 million by the same court on March 28, 2014, a summary order of KRW 4 million by a fine for the same crime from the credit branch of the Suwon District Court on March 28, 2014, a summary order of KRW 4 million by the same court on July 1, 2015, and a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act.

【Criminal Facts】

At around 18:10 on October 6, 2019, the Defendant driven Category D Ba-si vehicles at approximately 8 km from the northwest-dong, Hanam-si to the Sinnam-si Damnam-si Underground Parking Lots at approximately 0.143% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a very high crime that may infringe on the life and property of others as well as its own. Therefore, it is necessary to strictly punish a person.

The blood alcohol concentration of this case is considerably high, and the defendant has five criminal records of a fine due to drinking driving, and the defendant is sentenced to a suspended sentence of imprisonment due to drinking driving and driving without a license for two times in 2003 and 2015.

The defendant is still subject to criminal punishment of a fine by driving without a license in 2016 during the period of suspension of drinking driving in 2015, but there is a tendency not to respect legal order.

As such, it is particularly necessary to strictly punish the defendant who repeats his/her drinking driving in a rash manner, and the records are shown.