A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 16, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on June 5, 2015, to a summary order of KRW 1.5 million for the same crime at the Suwon District Court, respectively. On December 23, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the same court.

On August 19, 2019, at around 23:18, the Defendant driven C Lasta car with a blood alcohol concentration of about 0.074% from the section of about 1 km from the 1km-dong of Ansan-si to the front road of the water resources construction site located in the 1633-dong, Ansan-si, Chungcheongnam-si.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and control results of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports, and statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the record of driving under the influence of alcohol, re-driving under the influence of alcohol, and the nature of the crime is not exceptionally applied.

The defendant has already been sentenced to punishment for drinking driving three times (including previous convictions of suspended sentence), and the possibility of criticism is significant in that he/she committed the drinking driving of this case without being aware of it even though he/she was during the period of suspended sentence due to the crime of this paper.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and the 2008 period of drinking driving of the defendant has passed since the date of the crime of this case, and the sentencing conditions indicated in the records, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., are the conditions of punishment as stated in the records.