A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 26, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on July 23, 2007, and a fine of KRW 1.5 million for the same crime in the same court on July 23, 2007, respectively. On March 19, 2009, the Defendant was sentenced to a suspended sentence of KRW 7 million for the same crime in the same court on March 19, 2009, and was issued a summary order of KRW 7 million for the same crime by the Daegu District Court on February 19, 2014.

【Criminal Facts】

On February 5, 2020, at around 23:05, the Defendant driven a FM5 vehicle under the influence of alcohol leveling 0.167% of alcohol level from approximately 500 meters to the “E” parking lot located in G, the “C cafeteria” on the front of the “C cafeteria” in the G, G, and the “E” parking lot in D.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of self-production;

1. Report on the occurrence of the case;

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

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records);

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. Considering that the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include: (a) the Defendant again committed the instant crime, even though he/she had the history of having been sentenced three times to a fine due to a drunk driving; (b) having been sentenced one time to a suspended sentence of imprisonment with prison labor; (c) the amount of drinking alcohol is 0.167%; (d) the Defendant led to the confession of the commission of the crime; and (e) the fact that the Defendant was acting as an authorized driver due to a dispute over his/her driving and led to the commission of the crime; and (e) taking into account all other circumstances, the Defendant’s age, criminal records, occupation, family relationship, etc.,