A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jungwon District Court on February 19, 2013, and on October 16, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.

At around 19:00 on November 9, 2019, the Defendant driven an E-car under the influence of alcohol level of about 0.037% from a 400-meter section from the street on the “C” located in B, to the road in front of D.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the power of violating the prohibition of driving such as a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, investigation report, and inquiry report on the results of crackdown on driving under the influence of alcohol;

1. A inquiry report on criminal records, etc., investigation report (Attachment of the same criminal records as a suspect), summary order, and application of statutes of the judgment;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished seven times due to the crime of drunk driving, and the defendant has committed the crime of drunk driving again even though he/she had already been sentenced to a suspended sentence of imprisonment twice or more, even though he/she was sentenced to a suspended sentence of imprisonment.

Therefore, the defendant is sentenced to punishment.

However, considering the fact that the defendant has not yet been punished as a sentence, the term of punishment was set at the minimum statutory penalty after discretionary mitigation.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.