A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On January 21, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Suwon District Court’s House on January 21, 2008; on October 5, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the same court on October 5, 2012; on May 26, 2016, the Defendant was sentenced to imprisonment of KRW 6 months for a crime of violating the Road Traffic Act (drinking) and two years for suspended execution.

[Criminal facts] On August 25, 2020, the Defendant driven the EMW car at approximately 200 meters alcohol level from around 04:30 to the D Station in the same city C from around 200 meters to the D Station in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (formers and attachment of such judgments),- Application of the fourth statute, such as judgments;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity Mitigation provides that the defendant has no favorable condition to the defendant, such as the fact that he/she acknowledges a crime, sells a vehicle to the purport that he/she would not drive a drinking again, and the fact that he/she has been receiving medical treatment for the ex post facto supported by alcohol dependence, etc.

However, not only three times but also three times prior to the driving of drinking, the Defendant was punished by a fine due to the driving of each drinking in 199 and 2006, and so, the Defendant was sentenced to a suspended sentence of imprisonment for the year 2016.

Nevertheless, the defendant was driving the drinking of this case without being able to do so, and he was driving the drinking.