A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 12, 2008, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (driving) and a fine of KRW 700,000 for the same crime in the same court on September 16, 2010, respectively. On August 7, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On May 27, 2019, the Defendant was under the influence of alcohol with 0.190% of blood alcohol concentration at around 23:18, and the Defendant driven a D low-speed car from the front of “C” in “C” in “C” in “C” in “C” in the city of the Government, to the front of the border altitude.

Accordingly, the defendant was a person who violated drinking driving more than twice, and was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Results of inquiry, report of investigation (Attachment to previous records and copies of judgment), application of Acts and subordinate statutes of judgment;

1. The reason for sentencing of Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019) that the defendant had been subject to punishment several times, including imprisonment for the same kind of crime, such as drunk driving, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and violation of the Road Traffic Act (not after-accident) prior to the date of sentencing.

Nevertheless, the crime of this case was committed while driving under the influence of 0.190% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant is recognized as committing a crime, there is a family member to support the defendant, and the fact that the defendant is in an economically difficult situation.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.