A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 14, 2018, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 4 million for a violation of the Road Traffic Act in the Daejeon District Court's Hongsung branch.

On June 6, 2020, the Defendant: (a) around 18:22, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.154% in the section of approximately 22 km from the front of the Yannam-gun B to the front distance in front of the Yannam-si, Chungcheongnam-si; (b) around 10:17 June 7, 2020, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 5 km in the section of approximately 0.177% in the section of approximately 5 km from the roads near the commercial and aesthetic restaurant located in the Yannam-si, Sinpo-si, Yan-si to the Yan-gun-si, Yan-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement of each host driver;

1. Each investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant provisions of the Road Traffic Act, the choice of punishment, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) although the Defendant had been punished for a drunk driving in the past, he was engaged in a drunk driving, and again conducted a drunk driving on the following day after he was discovered as a drunk driving, the nature of the crime is not very good; (b) the risk of recidivism is assessed to be very high; (c) the level of alcohol concentration was high at the time of each drunk driving; and (d) the distance of the vehicle was discovered by the police dispatched after receiving a report that both of the two times is suspected of a drunk driving and the distance of the vehicle was considerably likely to cause an accident.