Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal power] On December 13, 2006, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on March 30, 2009, the Defendant was issued a summary order of 1 million won of a fine for the same crime in the same court. On August 25, 2010, the same court was sentenced to 6 months of imprisonment and 2 years of a suspended sentence for a violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2020, at around 21:35, the Defendant driven a FG80 car in the state of alcohol alcohol concentration of about 0.070% at the section of approximately 8.9km from the front of the C, located in Gangnam-si B, to the E neighboring road located in Gangnam-si, Gangnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification and investigation report on the results of the crackdown on drinking driving (report on the situation of a drinking driver) and investigation report (Attachment to portal site guidance, etc.);

1. Previous records of judgment: Criminal history records, investigation reports, summary orders, and application of statutes governing judgment;

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The fact that drunk driving is highly likely to cause harm to the life and body of others as well as himself/herself requires strict punishment; the Defendant, prior to the instant case, has been punished twice a suspended sentence of imprisonment with prison labor due to drunk driving, twice a fine, and five times a fine, etc.; and the Defendant, even though he/she has been subject to multiple times a suspended sentence of imprisonment with prison labor due to drunk driving; and the Defendant’s history of drunk driving and criminal habits are likely to have a high risk of recidivism in light of the Defendant’s ability to commit the crime: The Defendant is going to not drive under the influence of alcohol again, and the record of the instant case, such as the Defendant’s age, character and behavior, the background of the crime, and the circumstances after