A defendant shall be punished by imprisonment for one year.

Punishment of the crime

(Criminal) On February 11, 201, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the inn branch of the Suwon District Court on February 11, 201, and on April 3, 2013, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the inn branch of the Suwon District Court on April 3, 201, and on June 27, 2018, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the inn branch of the Suwon District Court on December 5, 2018, and completed the execution of the sentence at the inn branch on December 5, 2018.

(Criminal) On June 26, 2019, at around 15:23, the Defendant driven a 607 car under the influence of alcohol concentration of approximately 0.170% from the 2km section from the front of Gyeonggi-si B to the front of D in C.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and application of each statute of the judgment;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant, who was under the influence of alcohol and was punished on six occasions; (b) had been sentenced to imprisonment in 2018 and completed the execution of the sentence; (c) thereby, the Defendant again committed the instant crime during the period of repeated crime even though he was sentenced to ten months; and (d) had a very high degree of blood alcohol concentration at the time. Therefore, the Defendant’s sentence is inevitable.

However, the defendant's drinking distance was relatively short.

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.