A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 23, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court on January 23, 2008, and a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on June 4, 2010.

On April 18, 2014, the Defendant was released on January 26, 2017 while he was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daejeon High Court on April 18, 201, and the parole period expired on December 31, 2017.

【Criminal Facts】

On February 15, 2020, at around 01:12, the Defendant driven a DNA car at approximately 2 km section from the frame to the front road of Sejong Special Self-Governing City, while being drunk with a blood alcohol concentration of 0.109%.

Summary of Evidence

1. In the case of a criminal defendant's legal statement, investigation report (verification of CCTV images around the site), investigation report (verification of CCTV images), notification on the results of drinking driving control, reporting on the statement of his/her driver, report on his/her status of his/her driver, previous records on the 112 Report List: Criminal investigation report (verification of a criminal suspect and attachment of criminal records), inquiry into confinement, written judgment, four copies of summary order, inquiry into criminal records, and application of statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than five years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The defendant is sentenced to a fine for drunk driving three times (202, 2008, and 2010), and the period of repeated crime is three times (2002, 200, and 2010).