A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 27, 2010, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

피고인은 2019. 10. 12. 22:56경 혈중알콜농도 0.134%의 술에 취한 상태로 수원시 팔달구 B에 있는 C 식당 앞 도로에서부터 같은 구 D에 있는, ‘E’ 앞 도로에 이르기까지 약 600m 구간에서 F UA125XQ 원동기장치자전거를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and the area where drinking is measured and output;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Suspension of execution of sentence and confirmation of drinking records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Even though the defendant had been punished three times for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, he/she again conducted the instant drinking driving, and the blood alcohol concentration is also reasonable.

There is no evidence to see that there was no reason to view that there was a circumstance that the defendant would not have to drive without fail at the time.

It is inevitable to sentence sentence because it is a crime during the period of suspended sentence, and it is judged that the only fine is not enough to edification or improve it.

However, it shall be reduced by taking into account the fact that the defendant's mistake was correctly predicted, that the driving distance is not relatively long, and that the accident did not occur in favor of others.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.