A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On March 29, 2010, the Defendant was issued a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On December 11, 2019, at around 21:30, the Defendant driven a DNA car from approximately 500 meters away from the front day of the original city B to the front day of C at the same time while under the influence of alcohol of 0.069% of blood alcohol level.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] is that the defendant reflects the instant crime.

There is a family member to support the accused.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Although the defendant had been punished five times due to drinking driving, he again committed the crime of this case, even though he had the record of punishment.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.