A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 4, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on January 23, 2013, the Defendant was sentenced to a suspended sentence of KRW 10 million for eight months for the same crime, etc. at the Ansan District Court, and was sentenced to a fine of KRW 10 million for the same crime on March 11, 2015 at the Ansan District Court’s Ansan Branch.

around 23:30 on December 23, 2019, the Defendant driven an E-7 vehicle under the influence of alcohol level of about 0.129% from a 500-meter section from the front of the cafeteria, “C,” to the front of the same Gu D, while under the influence of alcohol level of about 500 meters.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a host driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the circumstances and records below the sentence of sentence.

A favorable condition: The defendant reflects the defendant, and the odometers are relatively not relatively long: The defendant drives a drunk driving even though he had the record of the three-time fine and the suspension of the execution of imprisonment with prison labor for one time due to drunk driving; in light of the defendant's power, the suspension of the execution of a fine or imprisonment with prison labor cannot induce the defendant not to drive a drunk driving; and it is judged that the defendant has been given a sufficient opportunity to improve the sentence;