A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On February 15, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and on April 6, 2017, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On March 20, 2018, the Defendant sentenced the Daejeon District Court to eight months of imprisonment for a violation of the Road Traffic Act, etc., and completed the execution of the sentence in the Daejeon Prison on August 2, 2018.

【Criminal Facts】

On September 21, 2019, at around 21:45, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.233% at the section of about 2km from the front of a restaurant located in the trade incompetence in Daejeon-gu, Daejeon to the front day of the Daejeon Dong-gu, Daejeon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Smoking photographs;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous convictions in judgment: Criminal history records, reports on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to the current status of acceptance by individuals;

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. The reason for sentencing Article 35 of the Criminal Code among repeated offenders is that the defendant is able not to drive under the influence of alcohol again as he repented his mistake in depth, and that the defendant's health conditions are not good due to the light of alcohol between the defendant and the light of the scarcity, influence, high blood pressure, etc.

On the other hand, drinking driving is a crime that may cause serious damage to another person's life, body, or property and needs to be punished corresponding thereto, and even though the defendant had been sentenced to imprisonment due to drinking driving in 2018, he has been driving again during the period of repeated crime, and the defendant has since 2004.