A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On October 30, 2015, the Defendant was sentenced to a suspended sentence of 2 months in imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on October 30, 2015, and 2 years in imprisonment with prison labor for the same crime in the Suwon District Court Ansan Branch of the Suwon District Court on September 14, 2018.

【Criminal Facts】

On July 5, 2020, at around 03:10, the Defendant driven C Launa car in the state of alcohol with approximately 10 kilometers of blood alcohol concentration of about 0.048 percent from the front of the member-gu, Ansan-si to the front of the 1841 camping road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the circumstantial statement of a drinking driver (an investigation into specified concentration of blood alcohol at the time of driving) and notification of the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (or identical records), and application of Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The sentence like the order shall be imposed by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

Unfavorable circumstances - Defendant was punished for a suspended sentence due to driving under the influence of alcohol in 2015 and 2018, and Defendant was engaged in driving under the influence of drinking while driving under the influence of drinking, even though he was in the period of suspended sentence due to the same criminal act at the time of the instant crime.

- As such, even though the defendant had a record of being punished for drunk driving, the driving of this case was conducted at the same time, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended law, the nature of the crime is not weak.

Recognizing the favorable circumstances - mistake.