Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal power] On October 4, 2013, the Defendant was issued a summary order of a fine of KRW 3 million at the Gangseo branch court of the Chuncheon District Court for a violation of the Road Traffic Act, and has the same force four times.

【Criminal Facts】

On October 29, 2019, the Defendant driven an Esch Rexton car at a distance of approximately approximately 21.6km from around 19:00 to the front of ‘D' in the same city from around 19:0 to the front of ‘D' in the same city.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal history records, investigation reports (verification of records of drinking driving by a suspect A), summary orders, and application of statutes applicable to judgment;

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: A heavy punishment is required for a crime that may cause harm to the life and body of others as well as a drunk driving; the Defendant had the record of being punished four times prior to the instant case, such as suspension of the execution of imprisonment and a fine, due to drinking driving, and even though there was a period of suspension of execution due to the obstruction of performance of official duties, the Defendant committed the instant crime: The Defendant’s mistake reflects the Defendant’s age, character and behavior, environment, circumstances after committing the instant crime, and other various sentencing conditions as shown in the instant records and arguments, by taking into account the following factors: