A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On October 4, 2010, the Defendant received a summary order of KRW 3.5 million from the Ulsan District Court to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving). On March 17, 2011, the same court issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On July 20, 2017, the same court issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving). On April 19, 2018, the same court issued a summary order of KRW 7 million to a fine of KRW 2.5 million and completed the execution of the sentence in the Ulsan District Court on August 28, 2019.

【Criminal Facts of Crimes】 Around 10:00 on November 5, 2019, the Defendant driven a D-wing three-dimensional truck under the influence of alcohol concentration of approximately 0.124% at a section of about 3km from the front of Jung-gu, Ulsan-si to the front of the Nam-gu, Ulsan-si, Ulsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (Attachment to attached criminal records of the same kind, confirmation of period of repeated crimes);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the Defendant was sentenced to a four-time fine due to drunk driving, and there are a number of criminal records including imprisonment, and the Defendant was a repeated offender due to the crime of injury.

In particular, even in 2017, the Defendant was punished by a fine for a crime of drinking during the period of repeated crime.

The sentence of imprisonment is inevitable even in consideration of the fact that the defendant works in good faith after the release and that the defendant was driving at the morning for his occupation at the time of the instant case, and that the crime is divided, and the circumstances of the crime, the defendant's occupation, age, environment, etc. are included.