A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 31, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on July 31, 2009, and a summary order of KRW 2.5 million for the same crime in the same court on November 25, 2010, respectively. On January 23, 2013, the Defendant was sentenced to imprisonment with labor for 10 months and 2 years for the same crime in the Seoul Southern District Court’s Seoul Southern District Court, and was sentenced to a fine of KRW 10 million for the same crime in the same court on September 4, 2014.

【Criminal Facts】

On August 30, 2019, at around 00:45, the Defendant driven a D Ecoo motor vehicle on the road of approximately one kilometer from around the C cafeteria located in Kimpo-si, Kimpo-si to the Kcoo Park Jong-dong located in the same city, while under the influence of alcohol by 0.156 percent of blood alcohol level.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, survey reports on actual condition, reports on the circumstantial statements of drinking drivers, and reports on the results of the regulation of drinking driving;

1. Search screen pictures for NAVER guidance;

1. Previous records before ruling: Application of criminal records, probationary orders, written judgments, and summary records of the case-related 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant led to the confession of the instant crime, which is favorable to the defendant.

However, drinking driving is a crime that can bring another person's life as well as himself/herself, and the quality of such crime is inferior, and the defendant has been subject to punishment five times due to drinking driving, even though he/she had a record of punishment, he/she also drives a drinking, and the defendant continued driving a vehicle beyond the center line while driving the vehicle while driving the vehicle, and was controlled by the police officer who received 112 report while driving the vehicle, and was dispatched for drinking control, he/she is under the spirit of driving in the police investigation.