A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 28, 201, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s Net Branch, etc. on November 28, 201, and on October 28, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (driving) in the Seocheon Branch of Daejeon District Court’s Incheon District Court. On April 27, 2017, the Defendant completed the execution of the sentence.

【Criminal Facts】

On August 12, 2019, at around 17:15, the Defendant driven a D Alfin car with a blood alcohol concentration of about 0.080% from a section of about 250 meters from the road before the Magyang City, to the road before the Magyang City, the Defendant driven a D Alfin car with a alcohol content of about 0.080%.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry report on the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (including suspect repeated records, confirmation of repeated records, and accompanying materials of the same kind);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times for the same kind of crime, and in particular, the Defendant repeated the instant crime during the repeated crime period for the same kind of crime.

In light of the fact that the defendant's awareness of drinking driving seems to be significantly lacking, and that there is a social consensus that strong punishment for drinking driving is necessary due to measures against high risk of recidivism of drinking drivers and the seriousness of traffic accident damage caused by drinking driving, it is inevitable to punish the defendant strictly.

However, the defendant's age, character and conduct, environment, family relationship, etc. are considered as favorable circumstances in which the defendant led to the confession of the crime of this case.