A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 2, 2009, the Defendant was issued a summary order of KRW 5 million with a fine for a violation of the Road Traffic Act (Refusal of measurement of drinking level) on the site of Suwon District Court on September 2, 2009, and on February 19, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving). On April 4, 2014, the Defendant was sentenced to a suspended sentence of two or more times for a violation of the Road Traffic Act, and the same court issued a summary order of KRW 7 million with the same crime, etc. on April 4, 2014.

On November 3, 2019, the Defendant driven a rocketing car from about 1 km to Pyeongtaek-si D, while under the influence of alcohol at around 0.125% of blood alcohol concentration, around 15:37.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Investigation report (recording CCTV images for crime prevention);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and the application of statutes governing attached data;

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 sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and all factors of sentencing as shown in the argument in the instant case, including the circumstances after the crime, etc.

The unfavorable circumstances: The one who was punished six times for the same kind of crime, such as the one who was subject to the punishment of suspension of the execution, was driving again, and the other was driving while driving the vehicle without drinking, and the other vehicle was driving while driving the vehicle, and the other vehicle was driving the vehicle, and the other vehicle was driving the vehicle: The one who led to the confession and reflect of the crime.