A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[M] On August 24, 2017, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on August 24, 2017.

【Criminal Facts】

On November 4, 2019, the Defendant driven DK three motor vehicles at approximately 100 meters from the front side of Yong-gun, Young-gun to C, while under the influence of alcohol 0.139% of blood alcohol level around 20:30 on November 4, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, reply reports, and copies of judgment rendered by the Gwangju District Court 2017 High Court 2466;

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 Defendant, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following circumstances in sentencing), committed the instant crime again even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and twice due to the previous drunk driving, and even if he/she was punished twice due to such a drunk driving, and the instant drinking acceptance is very high.

Furthermore, even though the Defendant was sentenced to the suspension of six months of imprisonment on August 24, 2017 and 40 hours of attending a compliance driving lecture on August 24, 2017, it is weak for the Defendant to engage in compliance driving again for a period of two years and two years.

Considering the above circumstances, the defendant is bound to be sentenced to imprisonment with prison labor.

However, since the distance of the defendant's driving is not about 100 meters, the defendant's age, health status, environment, family relationship, etc. are considered in light of the circumstances, and the punishment is determined as ordered within the scope of the punishment.