A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On February 12, 2013, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the same court on September 30, 2014. On May 19, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the same court in the same court.

【Criminal Facts】

On June 17, 2020, the Defendant driven an E SP car from around 700 meters from the front of the Hospital in Seo-gu, Seo-gu to the front road of the same Gu, while under the influence of alcohol of 0.166% of blood alcohol level around 22:07.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (Attachment to judgments of the same kind as a suspect, etc.);

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 Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds), once driving under the influence of alcohol even though he/she was punished three times, was driving under the influence of alcohol, and the instant taking under the influence of alcohol is very high.

Furthermore, even though the Defendant was punished for a sentence on May 19, 2016 for a drunk driving on the same day, the period of repeated crime is too much long, and thus, the Defendant committed the instant crime. In addition, the Defendant is weak to observe the law, such as running a drunk driving without attempting to drive a substitute driving after drinking.

In consideration of these circumstances, the defendant is sentenced to imprisonment with prison labor.

However, there was no distance from the defendant's driving, there was no power that the defendant was punished by imprisonment with prison labor or more severe than once except before the sentence of drinking driving and once, and the defendant was late.