A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 11, 2014, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of road traffic law in the support of the Daejeon District Court on August 11, 2014. On March 30, 2017, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspension of execution for a violation of road traffic law in the support of the Daejeon District Court on the Incheon District Court.

On November 14, 2020, the Defendant driven an EK7 vehicle under the influence of alcohol by 0.145% with alcohol content from approximately 4.5km section in the south-gu, Chungcheongnam-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul to the front road in the south-gu, Seoan-gu. D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver of a drinking alcohol, notification of control of the results of drinking alcohol driving, ledger of use of a drinking measuring instrument, and photograph;

1. Application of a reply to inquiry, investigation situation (verification of the same kind of power) Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act requires strict punishment for a crime that causes serious danger and injury to the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high by 0.145%.

The Defendant has a number of criminal records, including several times of punishment for various crimes, and above all, the Defendant has been sentenced to a fine four times due to driving under drinking, and one time of suspended sentence of imprisonment, but also committed the instant crime, so it is inevitable to sentence sentence at this time.

However, the defendant recognizes his mistake and is against his will.

There was no accident.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.