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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On March 3, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On April 23, 2010, the same court issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act. On July 25, 2013, the same court was sentenced to imprisonment for 8 months and suspension of execution for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 25, 2020, at around 21:36, the Defendant driven a rocketing car under the influence of alcohol content of about 2 km from the parking lot of Gwangju North-gu, to the D stores located in the same Gu C, while under the influence of alcohol content of about 0.049%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous conviction: Application of Acts and subordinate statutes of investigation report (verification of sound driving records);
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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of imprisonment due to a drunk driving crime, as stated in the record of the instant crime, even though he/she was sentenced to a suspended sentence of imprisonment due to a drunk driving crime, he/she again committed the instant crime; (b) the Defendant is sentenced to imprisonment with prison labor; (c) the Defendant is recognized to commit the instant crime; (d) the motive and circumstance leading up to the instant crime; (e) the degree of the instant crime; (e) the circumstances after the instant crime; (e) the Defendant’s family relationship; and (e)