A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 16, 2015, the Defendant was sentenced to imprisonment for 10 months with prison labor for a violation of the Road Traffic Act due to a violation of the provisions of the Road Traffic Act, etc. at the Seo-gu District Court Branch Branch on April 16, 2015, and on March 10, 2017, the same court sentenced two years to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu Correctional Institution on November 30, 2018 during the execution of the sentence, and the parole period passed on January 23, 2019.

【Criminal Facts】

On October 3, 2019, at around 20:55, the Defendant driven a motor bicycle with approximately KRW 50 cm E from C to D in front of the Ganbuk-gun, in a state of alcohol of about 0.133% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the previous records of the same kind and the judgment), application of Acts and subordinate statutes to investigation reports (verification of the date the period of punishment expires);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the driving of a motor bicycle with relatively less danger than the motor vehicle; and (c) the Defendant’s health condition is not good.

However, considering the fact that the defendant has the same power, it is inevitable to punish him in consideration of the fact that he is a criminal committed during the period of repeated crimes, and that drinking water is high.

However, the above conditions favorable to the defendant and other various conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, home environment, motive or background of the crime, means and methods of the crime, the details and results thereof, etc., shall be determined as ordered in full view of the above conditions of sentencing.