A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On July 18, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on July 18, 2007; the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the same court on May 19, 2008; and the Defendant was sentenced to a suspended sentence of KRW 1.5 million for six months for the same crime at the same court on November 27, 2015.

【Criminal Facts of Crimes】 On April 3, 2019, the Defendant driven a F Kawn vehicle under the influence of alcohol content of about 0.097% at a section of approximately 200 meters from the front of the “C” main point in Goyang-si B to the front of the “Egy” road in the same Gu D.

Accordingly, even though the Defendant was punished on more than two occasions due to the violation of the Road Traffic Act, he driven the above car under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) Acts and subordinate statutes;

1. The grounds for sentencing under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, which relate to the relevant criminal facts and Article 148-2(1)1 of the Road Traffic Act, are against the defendant's wrong recognition, and the defendant was engaged in a simple drinking operation without any particular human and material damage.

However, even though the defendant was sentenced to the suspended sentence of imprisonment for the same crime, he again committed the crime in this case, even though he had been punished four times, it seems that the defendant has a significant lack of compliance spirit and safety awareness about traffic offense, as well as the possibility of criticism and the risk of recidivism is very high.

Furthermore, it is necessary to strictly punish the defendant in order to protect the general public who is exposed to the danger of drinking driving repeated without awareness of any particular crime.

The above circumstances and others.