A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On May 22, 2014, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court on May 22, 2014, and five times of driving under the same kind.

【Criminal Facts】

On March 28, 2020, at around 08:55, the Defendant driven a vehicle E, under the influence of alcohol level 0.105%, while under the influence of alcohol level 0.105%, from the D community hall parking lot at C to the parking lot of D community hall located at C in Sam-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification and report on investigation (report on the situation of a drinking driver) on the results of crackdown on drinking driving (report on the detection of a drinking-free driving, etc.) and investigation report (verification of distance from operation of a vehicle after a suspect drinking);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. When the pertinent legal provision on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, conditions unfavorable to the sentencing of imprisonment: Driving under the influence of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; driving under the influence of alcohol requires strict punishment; the Defendant, prior to driving under the influence of alcohol, has five times or more years of punishment including a suspended sentence of imprisonment and a sentence, and the Defendant’s history of driving under the influence of alcohol and criminal behavior are expected to have high risk of re-offending in light of the Defendant’s history of driving under the influence of alcohol and the criminal behavior: The Defendant would not drive under the influence of alcohol again in the light of the Defendant’s age, character and conduct, circumstances of the crime, circumstances after the crime, etc., and other various sentencing conditions specified in the records and arguments as ordered.