A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 4, 201, the Defendant was issued a summary order of one million won by committing a violation of the Road Traffic Act at the Suwon District Court. On June 20, 2013, the Defendant was sentenced to a suspended sentence of one year for the same crime, etc. on June 20, 2013. On September 5, 2013, the Defendant was sentenced to six months by imprisonment with prison labor at the Suwon District Court for the same crime, etc., and was sentenced to six months by the same court on September 18, 2015.

【Criminal Facts】

On February 16, 2020, at around 05:36, the Defendant driven an EG70 car from the parking lot for C Hospital located in Gangnam-gu Seoul to the Gyeonggi-si roads, while under the influence of alcohol of 0.094% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Investigation report (Report on the status of an employee);

1. Previous records before ruling: Application of criminal records, reply reports, 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 is that the Defendant, including two times of punishment, driven a considerable distance in a state of drinking again, even though he/she had been punished five times due to drinking, and it is difficult to view that the blood alcohol concentration is also low.

Considering these circumstances, it is inevitable to severely punish the defendant.

However, the fact that the defendant shows a situation that seriously reflects the defendant's wrong, and that he disposes of the E-car after this case shall be considered as favorable circumstances.

In addition, the sentence shall be determined as ordered by comprehensively taking into account all the factors of sentencing in the instant case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.