A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 3, 2010, the Defendant was notified of a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on August 3, 2010. On November 21, 2013, the Defendant was notified of a summary order of KRW 4,00,000 as a fine for the same crime at the Gwangju District Court's District Court, and on October 7, 2014, the Defendant was notified of a summary order of KRW 6,00,000 as a fine for the same crime. On November 25, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for the same crime.

Criminal facts

On August 22, 2019, at around 01:52, the Defendant driven a F car under the influence of alcohol with a blood alcohol concentration of about 0.169% from the 1km section from the “C” parking lot located in Hamnam-do, to the front road of “E” located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A H statement;

1. 112 reported case handling table;

1. A report on the actual state of the driver;

1. Application of investigation report (Attachment of video CD data), mobile phone video recording CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;