A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 5, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court. On October 20, 2010, the Defendant was sentenced to a summary order of 2 million won for the same crime in the Busan District Court’s Branch Branch Branch of the Incheon District Court. On November 16, 2012, the Defendant was sentenced to a suspended sentence of 8 months for the same crime. On July 15, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same crime at the Incheon Southern District Court.

【Criminal Facts】

On June 28, 2020, at around 16:56, the Defendant driven Cschtonton car with approximately 15k alcohol concentration 0.067% under the influence of alcohol in the section from Kimpo-si in Gyeonggi-do to the front side of Incheon Seo-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of the same kind of records, judgment, and summary order attached);

1. The reason for sentencing under Article 148-2(1) and Article 44(1) of the Road Traffic Act, Article 53 and Article 55(1)3 of the Criminal Act, such as the above criminal records, is that the Defendant committed the instant crime without any improvement despite being sentenced to a two-time summary order of a fine due to driving under the influence of alcohol, even though he was sentenced to a two-time suspended sentence of imprisonment, and even if he was sentenced on two occasions, he committed the instant crime. Since the repeated crime of driving under the influence of alcohol is poor, the Defendant cannot be sentenced to punishment in a lump sum. In addition, the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime was committed, the sentence like the order shall be determined by taking into account the following factors as a whole.