A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On June 10, 2015, the Defendant was sentenced to a suspended sentence of two years for the eight-month imprisonment with labor for a violation of the Road Traffic Act (driving) in the branch court of Suwon District Court.

【Criminal Facts】

On May 25, 2020, at around 21:03, the Defendant driven a DCo-sports car while under the influence of alcohol level of about 0.162% at the section of approximately 9.5km from the Do preceding B to the front of C in the same city.

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

Summary of Evidence

1. Investigation report on the actual state of the defendant's legal statement, report on the results of the drinking driving control, inquiry into the results of the drinking driving control, report on the circumstantial statements of the drinking driver, and on-site photographs of the defendant;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include five times the criminal records of drunk driving, and in particular, the criminal defendant was sentenced to a suspended sentence of imprisonment due to the crime committed by drunk driving even in 2015.

Since the blood alcohol concentration was very high at the time of committing the crime, and the accident during driving was committed while flying, and the responsibility for the crime is heavy.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.