A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On August 9, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in Gyeyang-gu District Court (Seoul District Court) on August 9, 201; the Defendant was sentenced to a summary order of KRW 2 million for the same crime in the same court on September 13, 2013; and on September 22, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

【Criminal Facts of Crimes】 On January 25, 2019, the Defendant driven a DNA string vehicle under the influence of alcohol concentration of 0.097% at the 15 meters away from the roads near the main point of “C” located in Yongsan-gu, Yongsan-gu, U.S., Mangdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding the relevant criminal facts, Articles 148-2(1)1 and 44(1) of the Act on the Selection of Imprisonment with Labor, the defendant's mistake in sentencing has been recognized, and the defendant was engaged in a simple drinking driving without any particular human and material damage.

However, even though the defendant had been punished several times due to drinking driving (two times of fine and one time of suspended sentence of imprisonment), he again committed the crime of driving under the influence of alcohol. It seems that the defendant seems to have significantly lacking compliance spirit and safety awareness about traffic offense, and that there is a high possibility of criticism as well as high risk of recidivism.

Furthermore, it is necessary to strictly punish the defendant in order to protect the general public who is exposed to the danger of drinking driving repeated without awareness of any particular crime.

The punishment as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in this case, such as the circumstances mentioned above, the distance of driving, the degree of blood alcohol level at the time, the age, character and conduct, environment, and family relationship of the defendant.