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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
On August 21, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, etc. at the Daejeon District Court on December 18, 2013, a summary order of KRW 1.5 million for the same crime in the above court on December 15, 2014, and a summary order of KRW 5 million for the same crime in the above court on December 15, 2014. On July 19, 2017, the above court was sentenced to a suspended sentence of one year for the same crime.
On February 2, 2020, at around 04:00, the Defendant driven a B-lurbed car under the influence of alcohol concentration of approximately 0.137% from the 3km section of the Daejeon U.S. to the front road, from the pelke-dong 509-9, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, under the influence of alcohol level of approximately 0.137%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records of on-site photographs of on-site reports on circumstantial statements of a drinking driver, and judgment of a drinking photograph: Application of Acts and subordinate statutes to inquiry inquiry reports and investigation reports (verification of the same kind of power);
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 is a serious crime that causes serious danger and injury to the life, body, property, etc. of an unqualified person, and thus, the defendant who committed the sentencing should be held legally liable for the severe legal liability corresponding to the act. Notwithstanding the previous records of the judgment, the defendant, including the previous records of the judgment, has served seven times or seven times or seven times or seven times or more as he was sentenced to punishment due to drinking driving, driving without a license, and refusing to measure alcohol (one time to suspend the execution of imprisonment). Although the motor vehicle under the name of the spouse used for the crime of this case was sold, it is difficult to believe that the defendant's promise not to drive alcohol again in light of the criminal records, etc. of this case.