A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 27, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the original branch of the Chuncheon District Court. On February 10, 2010, the Defendant was sentenced to a suspended sentence of two years for six months for the same crimes in the same court.

On March 9, 2019, at around 00, the Defendant driven a B-II cargo vehicle under the influence of alcohol content of about 0.143% through a section of about 100km from the front of the senior citizens' center located in the west of the Gangseo-gun of the Gangwon-do to the intersection located in the coefficient of the SinY-si.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports (No. 16 through 21 No. 16 of the evidence list);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a crime with high recidivism rate.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

The favorable circumstances: The defendant is in profoundly against the crime of this case.

There is no record of criminal punishment for the same crime after the defendant was punished as a crime of drunk driving in 2010.

Unfavorable circumstances: the Defendant driven 100 km while under the influence of 0.143%, and caused the traffic accident. The crime of this case is not very good.

The defendant has been punished four times for the same crime, and the two times among them are driving a motor vehicle under the influence of drinking and causing injury to the victims.