Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act.

On July 21, 2019, at around 23:30 on July 21, 2019, the Defendant driven a DNA car under the influence of alcohol concentration of 0.217% under the influence of alcohol level from the parking lot of the building B at the same time to the front of the apartment of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, investigation report, notification on the results of crackdown on driving under the influence of alcohol, and inquiry into the results of crackdown on driving under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of related cases), and application of Acts and subordinate statutes to report criminal investigations (verification of suspension of execution of sentence);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to a suspended sentence, committed the instant crime during the suspended sentence period, which became final and conclusive on December 2, 2017 and became final and conclusive on December 2, 201, by a district court of Jung-gu on November 24, 2017, due to the violation of the Road Traffic Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Taking into account the fact that blood alcohol content at the time of the instant case reaches 0.217%, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime, circumstances after the instant crime, and various sentencing conditions as shown in the pleadings.