A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 21, 2013, the Defendant was sentenced to a fine of eight million won for the violation of the Road Traffic Act (driving) at the Suwon District Court on August 21, 2013, and five times the record of drinking driving.

Around 23:50 on December 23, 2019, the Defendant driven an Eflbial car at a section of approximately 250 meters from the water source city B below the water source city B to the front road in C, while under the influence of alcohol with a blood alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished five times or more, including the suspension of the execution of imprisonment with prison labor, and since June 25, 2019, the penal provision for drinking driving has been strengthened, and the defendant also was able to easily understand the above circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drunk driving in this case.

In addition, in light of the defendant's repeated drinking driving as seen earlier, it is judged that the defendant's compliance consciousness related to it was imminent, and this act as a dangerous factor for many unspecified citizens.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the punishment as ordered, shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the