A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 20, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the Changwon District Court. On July 7, 2014, the Defendant was sentenced to a summary order of 3 million won for a violation of the Road Traffic Act at the Changwon District Court. On August 17, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act.

Around 13:55 on February 21, 2020, the Defendant driven Cenz E300 automobiles while under the influence of alcohol leveling 0.105% in the two-meter section of the front road of Changwon-si, Changwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Photographs of the accident site;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of power judgment, etc.);

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though there are many criminal records (three times of fines and two times of suspended execution) for the same kind of punishment, the Defendant repeated his/her drunk driving in a short time.

In light of the criminal power and the degree of driving, the social danger of drunk driving and the purpose of the revision of the Road Traffic Act, etc. of which statutory penalty is raised, it is inevitable to punish the defendant.

However, considering the favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the driving distance is not long, etc., the punishment shall be determined as ordered in consideration of the age, character and behavior, family relationship, health status, etc. of the defendant and the conditions of the sentencing specified in the records and arguments.