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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 20, 2012, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on June 14, 2013, the Defendant was issued a summary order of KRW 7 million in the same court with the same crime, etc. on June 14, 2013, and on October 13, 2016, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act in the Suwon District Court’s Pyeongtaek Housing Site Board, and on March 22, 2017, the Defendant was sentenced to a suspended sentence of six months in the same court with the same crime, etc. on March 28, 2017, and on March 28, 2017, the sentence of the said suspended sentence was invalidated on February 28, 2018 during the execution of the sentence, and the period of parole elapsed on May 21, 2018.
On September 22, 2019, the Defendant, who had driven a motor vehicle once or more as above, drives the motor vehicle EM7 in the state of alcohol with approximately 50 meters alcohol concentration of 0.095% from the front of the Cbaling place in Pyeongtaek-si B to the front road of the same city D building in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal history records, investigation reports (verification of criminal records of the same kind, and criminal records of repeated crimes);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished for repeated driving, but again commits the instant crime during the period of repeated crime, and the Defendant is sentenced to the sentence in that he/she commits the instant crime, but the degree of blood alcohol concentration is very high and the distance of driving is relatively short, etc. shall be taken into account in sentencing.