A defendant shall be punished by imprisonment for two years.

Punishment of the crime

【Criminal Power】 On June 22, 2007, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

1. At around 15:40 on July 20, 2019, the Defendant driven a FST5 car from the upper end of the “C” in the Gangwon-gun B to the neighboring road located in D, while under the influence of alcohol at a level of 0.260% of alcohol level, the Defendant driven a FM5 car at a level of about 100 meters from the upper end of the “C” to D.

2. On August 3, 2019, the Defendant, while under the influence of alcohol at around 21:20, driven a FM5 vehicle at a about 500m section from the Defendant’s house located in Gangwon-gun G to the front left of “I” located in the same military H, from the front corner of the Defendant’s house located in Gangwon-gun G to the upper left of “I” in the same military.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2), a field photograph of a traffic accident, a statement of the occurrence of a traffic accident, each court's notification of the results of the drinking control, an appraisal of blood alcohol, and an inquiry into the results of the drinking control;

1. Application of statutes concerning criminal records;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime;

1. From among concurrent crimes, there are circumstances favorable to the defendant, such as the fact that there is no criminal conviction or more than a suspended sentence, and that the defendant has a depth of his mistake, among the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the defendant is allowed to have the previous crime. Each of the crimes of this case is that the defendant drives a motor vehicle under the influence of alcohol concentration of 0.260% at a low level, and the defendant drives the same motor vehicle under the influence of alcohol concentration of 0.163% at the same time within 15 days from then, in light of the time, methods, and results, etc., the quality and the crime is very heavy, and in light of the motive and circumstances of each of the crimes of this case, the circumstances after the crimes, the defendant's age, occupation, family relationship, health status, etc.