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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 5, 2010, the Defendant was issued a summary order of a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on August 5, 2010, and on April 14, 2015, the Defendant was sentenced to a suspended sentence of one year for the same crime, etc.
On November 19, 2018, the Defendant driven a E E-cub vehicle at approximately 9 km from the original city B Complex to the road front of the D convenience store located in the same city C, while under the influence of alcohol of 0.28% of blood alcohol level around 17:20%.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the results of crackdown on drinking driving and statement in the circumstances of drinking drivers;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of criminal records and written judgments, etc.);
1. The reason for the sentencing of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning a crime constitutes an act of enhancing the risk of road traffic by driving under the influence of alcohol and under the influence of influence of alcohol, and of which the nature of a crime that may cause substantial damage to himself/herself and others is not very good.
The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected, the traffic accident was not caused due to the crime of this case, and the fact that the defendant is a family member to support by re-contributing.
However, at the time of crackdown, the blood alcohol concentration of the defendant was very high as 0.228%, as well as that of the defendant's blood alcohol concentration was spreaded to the extent that the defendant refused to affix the report on the circumstantial statement of the drinking driver, the defendant was sentenced to imprisonment in August 2006, the term of suspended execution in 2006, the term of imprisonment in 208, the term of imprisonment in April 200, the term of imprisonment in 2015, and the term of suspended sentence in 2015.