A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 18, 2015, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment for a violation of the Road Traffic Act at the Changwon District Court on November 18, 2015. On September 21, 2017, the Defendant was issued a summary order of KRW 5 million by a fine of the same crime from the Gwangju District Court Branch.

On August 13, 2019, at around 05:09, the Defendant driven a DM6 car in the state of alcohol alcohol concentration of about 0.134% from the 7km section from the front road of Suwon-si, Suwon-si to the front road of Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, which is under the influence of alcohol concentration of about 0.134%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification on the results of the control of drinking driving, and a marking of drinking measuring records;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant was sentenced to a suspended sentence due to drinking traffic accidents in 2015; and (b) the Defendant was sentenced to a fine in 2017, while driving under the influence of alcohol at once in 2017.

However, despite the repeated wife, the Defendant re-driving the instant drinking.

At the time, the driving distance and the blood alcohol concentration were reasonable, and even based on the Defendant’s statement, a considerable amount of alcohol has not been driven for a long time, and there is no reason to avoid the obligation of the principal to drive directly.

As such, it is inevitable to punish the defendant who repeats the drinking driving.

However, the court shall reduce the amount by taking into consideration the favorable circumstances, such as the fact that the defendant's mistake was properly taken place, the occurrence of the accident, and the fact that the vehicle was disposed of after the instant case.

Other cases, such as the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime, etc.