A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 28, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on December 19, 2008, upon receiving a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch Branch of the Suwon District Court on December 19, 2008. On January 5, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) from the Sungnam Branch Branch of the Suwon District Court on January 15, 201. On December 15, 201, the Defendant was sentenced to a suspended sentence of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (refluence) from the Goyang Branch Branch Branch of the District Court on December 15, 201. On November 7, 2014, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Drinking.

On May 20, 2020, at around 22:24, the Defendant driven C QM6 car volume while under the influence of 0.155% alcohol concentration in approximately 2km section from the Do near the flow of the land to the roads adjacent to B.

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. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions: Criminal records, investigation reports (criminal records before a suspect's drinking), two copies of written judgments, and application of three copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the Defendant’s wrongness, even if limited after 2008, it is reasonable to sentence sentence in light of the following: (a) the record of punishment related to drunk driving reaches five times (three times of fine and two times of suspended sentence of imprisonment) and the drinking volume in the instant case is relatively high.

In addition to the above major circumstances, the investigation and trial process, such as the defendant's age and social living relationship, background leading to the crime, and circumstances before and after the crime, etc.