A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal power] On November 17, 2008, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court. On March 25, 2010, the same court was sentenced to a suspended sentence of 10 months for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes. On December 6, 2016, the same court was sentenced to a suspended sentence of 2 million won for a crime of violating the Road Traffic Act. On April 28, 2017, the Defendant was sentenced to a suspended sentence of 7 million won for a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 23, 2019, at around 22:53, the Defendant driven a fluter-free car at the front of the Hanju-si-si-U.D apartment E-dong at approximately 900 meters in front of the same city, while under the influence of alcohol of 0.10%.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1.-the photograph of a suspected driver's vehicle parked in the police station;

1. Reports on internal investigation (statements by reporters and reasons for measuring drinking), investigation reports (CCTV);

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] is that the defendant reflects the instant crime.

There are family members to support the accused.

In light of the fact that the statutory penalty for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, it is necessary to strictly punish the drinking-driving crime.