A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 30, 2009, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 30, 2009. On August 1, 2011, the court issued a summary order of 2.5 million won for the same crime. On March 24, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same crime.

【Criminal Facts】

On September 14, 2019, the Defendant, while under the influence of alcohol of 0.189% in blood alcohol level on September 23:15, 2019, driven a DMF5 car at approximately 3km from the front day of Pyeongtaek-si to the front day of the Gyeongdo-Eup Gyeongdo-Eup Gyeongdo-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the crime, the sentence is determined as ordered.

Disadvantageous circumstances: The defendant was driving in the state of chronic alcohol (0.189% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

The responsibility for the crime is not easy to look at the place where the drinking driving is controlled (IC on the border road) and the details and destination of the drinking driving.

The Defendant has already committed the instant crime for not more than five years since the previous punishment, even though he had a total of four times of punishment (including one time of refusal to take sound measurements), including one time of suspension of the execution of imprisonment with prison labor for the same crime.

A favorable circumstance: The Defendant shall commit the instant crime.