A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a crime of violation of the Road Traffic Act at the Cheongju District Court on June 14, 2013, and was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime at the Cheongju District Court on September 27, 2016.

On June 25, 2019, the Defendant driven a D car under the influence of alcohol concentration of 0.104% from the Do located in the petition-gu, Cheongju-si, B to the front road of the petition-gu, Cheongju-si, the Defendant driven a D car under the influence of alcohol concentration of 0.104% from the Do located in the petition-gu, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inquiry into materials about foreign crimes and investigation records, and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The amendment of the law that reflects the seriousness of harm caused by drinking driving and the seriousness of harm caused by drinking alcohol and the high recidivism rate of drinking drivers, such as the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is recognized as the crime of sentencing and the wrong and contradictory to the fact that the results of the traffic accident, etc. are not caused, the circumstances to be considered in light of driving circumstances, and the fact that it seems that efforts are made to not repeat the crime, has been made to strengthen the punishment for drinking drivers due to the high recidivism rate of drinking drivers, has been implemented. As stated in its reasoning, the defendant drives a vehicle again despite the past record of the suspended sentence of imprisonment with prison labor for drinking driving, etc., and driving the vehicle again despite the past record of the judgment, the nature and nature of the crime is very significant, and the criminal record of drinking driving is more severe than twice in addition to the previous record of the judgment, and all of the records and arguments of this case other unfavorable circumstances, such as the defendant's age, character, family relationship, alcohol level of alcohol before and after the crime.