The sentence against the accused shall be determined by one year and six months of imprisonment.

Punishment of the crime

[criminal history] On September 8, 2010, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law (drinking driving) at the Jeonju District Court, and was sentenced to a suspended sentence of two years for one year for the same crime in the same court on November 21, 2012. On April 4, 2017, the Defendant was sentenced to a fine of seven million won for the same crime in the same court.

[Criminal facts] On September 16, 2020, around 23:55, the Defendant driven a DSS7 car under the influence of alcohol leveling 0.137% of alcohol level from approximately 4 km section from the roads in front of a mutually influence restaurant in the Yag-gu, Seoul Metropolitan City, Seojin-gu, Seoul, to the roads in front of the Kojin-gu, Jeonjin-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of field photographs at the time of crackdown and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text 7 of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. When considering the fact that the Defendant’s blood alcohol concentration level at the time of the instant crime, as stated in its reasoning, was high, that the Defendant was diving while driving alcohol and brought about considerable danger and obstacle to traffic safety, most of all, the Defendant was under criminal punishment, and a significant portion of it was caused by traffic-related and drinking driving, and the instant crime was committed during the suspension period of the execution of imprisonment due to a non-licensed driving crime (in addition, it was committed during the trial of a separate indecent act case), no reason may be exempted from punishment even if it was a major reason.

However, the last day of a criminal punishment that exceeds a fine due to drinking driving.