A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 24, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court; on June 23, 2008, the same court issued a summary order of KRW 4 million for the same crime, etc.; on October 16, 2008, at the same court, on October 16, 2008, two years of suspended sentence in August; on October 28, 2010, at the Seoul Southern District Court, for the same crime, three years of suspended sentence in October; and on March 8, 2013, eight months of imprisonment for the same crime at the Seoul Central District Court.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on December 21, 2018, at around 00:33, the Defendant driven a DNA machine with blood alcohol concentration of about 0.127% from the front side of the Pungnam-si, Sungnam-si to about 700 meters from the front side of the Pungnam-si to the front side of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. The actual condition survey report, the circumstantial report on the driving of a drinking house, the circumstantial statement report on the driver, the report on the occurrence of any traffic accident, and the site photograph of the accident;

1. The ledger of driver's licenses for each motor vehicle, each proper inquiry, each mandatory insurance policy, and each certificate of the purchase of motor vehicle insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records, etc. related to the defendant);

1. The pertinent Article of the Criminal Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act that stipulate the applicable provision of the Act on the Punishment of Offenses and the Selection of Punishment for the Sentencing that are disadvantageous to the grounds for sentencing are not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of a traffic

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

The defendant has had the record of having been sentenced five times or more due to drinking driving as stated in the judgment of the court, and the record of punishment has been sentenced.