A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 31, 2017, the Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Road Traffic Act, etc. at the Changwon District Court’s branch on October 31, 2017, and the said judgment became final and conclusive on September 8, 2017, and is currently under the suspended sentence period. On April 11, 2019, the Defendant was sentenced to a fine of five million won for a crime of violation of the Road Traffic Act at the Changwon District Court’s branch branch.

On June 24, 2020, at around 00:05, the Defendant driven D 3 automobiles from approximately 700 meters away from the road near Kimhae-si B, the Defendant’s residence, to the road front of the Kimhae-si, while under the influence of alcohol 0.123% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, report on the occurrence of traffic accidents, and photographs;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was sentenced to a suspended sentence of three years in October due to a crime of violating the Road Traffic Act in 2017. On September 18, 2018, the Defendant was sentenced to a suspended sentence of three years.

On June 24, 2020, the Defendant had repeated the instant drinking driving on June 24, 2020 during the grace period.

The blood alcohol concentration in the instant case is relatively high, and the accident occurred during the drunk driving.

In light of the criminal power and the degree of driving, the social danger of drunk driving and the purpose of the revision of the Road Traffic Act, etc. of which statutory penalty is raised, it is inevitable to punish the defendant.

However, it is considered that the defendant's mistake is recognized and reflected, the driving distance is not long, etc., and it is shown in records and arguments, such as the age, character and behavior, family relationship, health status, etc. of the defendant.