A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On June 8, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court, and on May 12, 201, the Defendant was sentenced to imprisonment with prison labor for 8 months due to a violation of the Road Traffic Act (driving) at the Seogwon District Court Branch Branch Branch of the Daegu District Court on May 12, 201, and on January 9, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months due to a violation of the Road Traffic Act (driving of Drinking) at the Changwon District Court Branch of the

[2] On August 31, 2020, the Defendant driven a FK5 vehicle under the influence of alcohol with approximately 0.179% alcohol concentration from the 2km section from the front road to the front road in D, where the Defendant is unable to know the specific address of the Nam-gun B et al. on August 31, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: A reply to inquiry, such as criminal history, written judgments, and copies of summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Amount of Punishment was that the Defendant had been sentenced to imprisonment twice for ten years (including suspension of execution) including imprisonment with prison labor for the same kind of crime in around 2013, but again, committed the instant crime. At the time of the instant case, the Defendant’s blood alcohol concentration was high enough to keep the Defendant’s blood alcohol concentration in force.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.