A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 19, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for the purpose of the Road Traffic Act (driving) and a fine of KRW 3 million by the Ulsan District Court on June 18, 2009.

【Criminal Facts】

On August 7, 2019, the Defendant driven B-learning car under the influence of alcohol of about 30 meters from the shooting distance from Nam-gu 228 Nam-gu to the mouths of the surrounding area of about 0.116% with the blood alcohol concentration of about 30 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. To refer to inquiries, such as the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (pre-time) criminal records, and the application of Acts and subordinate statutes to investigation reports (two copies of a summary order);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the statutory penalty: imprisonment of not less than two years but not more than five years, or a fine of not less than 10 million won but not more than 20 million won] are inevitable in that the defendant again committed the instant crime even though he had the record of three times or punishment for the same kind of crime, and driving the blood alcohol concentration in the state of 0.16%.

Other factors of sentencing, such as age, environment, driving distance, circumstances after crimes, etc., shall be determined as per the order.