A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 11, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act in the Gwangju District Court's net order support on May 11, 201, and two years of suspended execution for the same crime in the same court on May 8, 2013, and was sentenced to imprisonment for the same crime, four times in total.

On February 11, 2020, the Defendant, while under the influence of alcohol at 00:45% of blood alcohol concentration, driven the Efranchising-XG car from approximately 400 meters away from the Meacheon-si B C side bank to the Meacheon-si D road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions as stated in the judgment: Criminal history records, return on investigation (same-class records), net 2015 high-ranking 2590 high-ranking 2590 high-ranking 1 copy of the judgment, net 2012 high-class 3362 high-level 201 high-level 2012 high-level 755 high-level 201 high-level 201 high-level 2009 high-level 45566 apply to the summary order;

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. In full view of the fact that the statutory punishment has been continuously aggravated due to the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act, risks of drunk driving and changes in legal sentiment of the people, etc., the defendant has a history of being subject to criminal punishment four times due to drunk driving, and in particular, despite the fact that the defendant had been sentenced to suspended sentence in 2013 and was sentenced to suspended sentence in 2016 due to drunk driving, it is inevitable to sentence the defendant to the criminal punishment against the defendant, considering the fact that he/she has been sentenced to suspended sentence in 2013

However, this case's situation and degree of blood alcohol concentration favorable to the defendant, such as the defendant's wrongness and driving distance of 400 meters, etc., the age, character and conduct of the defendant, and other circumstances after the crime.