A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 13, 2001, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch on August 13, 2001; the summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving); the summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) was issued at the Changwon District Court's branch on September 13, 201; the summary order of KRW 1.5 million was issued from the Daegu District Court's branch on July 14, 201 to a fine of KRW 8,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court's branch on December 12, 2014; and the suspended sentence was issued for one year and 10,000 won as a fine for a violation of the Road Traffic Act (driving).

Around 06:53 on May 16, 2020, the Defendant driven a DMW 520d car from approximately 20 km to about 20 km C in the front of the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, and around 0.096% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each report on investigation;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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 for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) recognizes all of the instant crimes.

However, if the defendant had been sentenced to a fine four times due to drinking driving, and the suspension of the execution of imprisonment with prison labor, but again commits the crime in this case, it is difficult to see that the defendant has shown good mind, and the blood alcohol concentration of the defendant at the time of driving.