A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Crime of Violation of Article 44(1) of the Road Traffic Act] The Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on September 2, 2009 for the crime of violation of the Road Traffic Act, and two years of suspended execution with prison labor for the same crime at the same court on January 25, 2018, respectively.

【Criminal Facts】

At around 21:00 on May 17, 2020, the Defendant driven a car for Esch Rexton sport from approximately 500 meters around the offline of "C" in Seo-gu, Seo-gu, Gwangju to the road near the same Gu, while under the influence of alcohol leveling to 0.13% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances explaining the sentencing in the following sentencing) was two times as a drunk driver who violated Article 44(1) of the Road Traffic Act, and was punished twice as a drunk driver, and was punished twice as a previous drunk driver. Furthermore, the Defendant was punished several times for traffic-related crimes, such as without a license.

The Defendant had already been subjected to a suspended sentence twice due to drinking driving, and in particular, on January 25, 2018, was sentenced to a suspended sentence of 8 months on the grounds of a drunk driving, but the period of the suspended sentence was committed, and the Defendant committed the instant crime, which was committed after the period of the suspended sentence of 2 years, and the level of drinking alcohol in this case is very high.

In consideration of these circumstances, the defendant is sentenced to imprisonment with prison labor.

On the other hand, the defendant appealed that in the event of the sentence of this case, the defendant is bound to close down the restaurant operated by the defendant, and thus his/her maintenance of livelihood is difficult. However, as the defendant himself/herself is, he/she is entitled to the cro virus infection.