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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On April 29, 2020, the Defendant was indicted on the summary charge of violation of the Road Traffic Act (driving) at the Jeju District Court on April 29, 2020.
The defendant is the driver of the BP car.
On May 11, 2020, the Defendant driven the said car under the influence of alcohol level of approximately 0.057% from the front side of “D” in Jeju City to the front side of “F” in “E” in Jeju City, at approximately 600 meters.
On May 28, 2020, the Defendant was indicted to the Jeju District Court for the violation of the Road Traffic Act (driving) and was currently pending trial. On July 2, 2020, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.
At around 02:40 on May 28, 2020, the Defendant driven a Bp-car with approximately 400 meters alcohol level 0.180% under the influence of alcohol level 0.180% from the road near the Defendant’s residence located in G to the “I” parking lot (J) located in H in the same city.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
"200 Highest 1263"
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Criminal history records, etc. inquiry reports, pre-disposition records, and reports on the results of confirmation of dispositions "20 Highest 1807";
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. The application of criminal records, etc., investigation reports (in case of a suspect being tried for the same kind of crime attached to a indictment), investigation reports (in case of a suspect, confirmation of the fact that a summary order for the same crime has been issued), and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the driving of drinking alcohol three times or more in a short period; and (b) the Defendant does not have any other criminal record; and (c) the Defendant has yet to age.