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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2] On November 22, 2013, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court’s Full Eup branch on November 22, 2013. On November 22, 2013, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. on November 22, 2013. On February 1, 2018, the Gwangju District Court was released on August 14, 2018 and was released on parole on August 12, 2018.
[Criminal facts] On September 7, 2020, the Defendant driven BK3 cars from around 500 meters to the roads prior to the KET GU support, which were 210, as the Defendant was under the influence of alcohol level of 0.112% among blood transfusion around 23:07.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: References to inquiries, such as criminal history, written judgments, and application of Acts and subordinate statutes on personal confinement;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances, etc. described in the grounds for sentencing) of the Act on the Mitigation of Small Quantity, the Defendant again driven alcohol while being punished three times due to drinking. In particular, even though he/she was punished on two occasions in 2018, he/she again committed the instant crime during the period of repeated offense.
In consideration of the weak criminal intent of the defendant, the defendant will be sentenced to imprisonment and sentence.
In determining the term of punishment, it is somewhat possible to take account of the defendant's committing the crime of this case.