A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 14, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 14, 201, and was sentenced to a fine of eight million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court on August 18, 2017.

【Criminal Facts】

At around 22:20 on May 16, 2020, the Defendant driven a Maz car while under the influence of alcohol 0.213% in a section of approximately 200 meters from the Gwanak-gu in Seoul to the roads near Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes;

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The following conditions are comprehensively taken into account the following factors: (a) the history of criminal punishment for a drunk driving is four times; (b) the blood alcohol concentration level at the time of the instant case was extremely high; (c) the likelihood of an accident was high; (d) the confession and reflect; (e) the relatively short driving distance did not lead to an accident; and (e) other various conditions of sentencing as shown in the records and arguments, including the Defendant’s age, attitude, environment, details of the relevant crime; and (e) the circumstances after the commission of the crime.