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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On September 23, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 23, 2013, and on May 30, 2018, the same court was sentenced to a suspended sentence of two years for six months due to a crime of violating the Road Traffic Act.
【Criminal Facts】
On July 9, 2020, the Defendant driven a D 9 vehicle under the influence of alcohol content 0.069% while under the influence of alcohol level 0.069%, from the front of the cafeteria “C” restaurant located in Scheon-si B to the “Seocheon-si” cafeteria.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);
1. Application of the Act and subordinate statutes to inquiry reports and investigation reports (verification of the same-class power);
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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. At the same time, the Defendant was sentenced to a fine due to a violation of the Road Traffic Act (driving) around 2013, and was sentenced to a suspended sentence of imprisonment due to the same crime around 2018, and the remaining one month has not elapsed after the expiration of the suspended sentence period.
Defendant has been punished for other crimes.
In light of the previous punishment records, the gap between this case and this case, the sentence of the defendant should be imposed.
The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the blood alcohol concentration in the instant case is 0.069%; (b) the driving distance; and (c) the Defendant’s age and character, personality and conduct, family relationship, motive and means of a crime; and (c) the circumstances after a crime were committed.