A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 9, 2018, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and on April 8, 2019, six times in total, such as the termination of the execution of the said sentence in the Southern Prison.

【Criminal Facts】

On April 5, 2020, at around 20:37, the Defendant driven the E 125CC under the influence of alcohol concentration of about 0.148% in the 5km section from the front of C in Gangnam-gun, Gangnam-gun, D to the front of D.

Accordingly, the defendant violated his duty not to drive alcohol 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. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the same kind of records and current status of confinement);

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. 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 increases the risk to citizens' traffic safety and thus requires strict punishment. The defendant has a large number of records of the same kind, and the defendant commits the crime of this case during the period of repeated crime. The defendant's mistake is divided, the balance of sentencing with the same crime, the criminal records of the defendant, the criminal records, the criminal records, the background of the crime, the degree of the principal offense, the defendant's age, family relationship, health status, and the possibility of recidivism, shall be determined by comprehensively taking account of various factors of sentencing as indicated in the records and arguments of this case.