A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On February 15, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of road traffic law in the Gwangju District Court's net support, etc. On April 30, 2012, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law (driving) in the same court on April 30, 2012, and on August 19, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution.

[Criminal facts] On October 24, 2020, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.132% in a section of about 100 meters from the roads in front of the Sin-si B market to the roads in front of the Chh-si. In short, the Defendant driven a DNA car in the state of under the influence of alcohol concentration of about 0.132%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on driving under drinking;

1. Records of the judgment: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, such as criminal history, investigation report (verification of the same records as the suspect), summary order, and judgment;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant recognized and reflected the instant crime, but the social harm caused by driving under drinking is very serious and thus, it is necessary to severely punish the Defendant’s blood alcohol concentration at a considerable level of 0.132%.

In light of the fact that the Defendant was sentenced to a suspended sentence of imprisonment for a crime of violation of the Road Traffic Act in 2015 and violation of the Road Traffic Act in 2008 as stated in the judgment of the lower court, the Defendant was sentenced to a fine for each of the crimes of violation of the Road Traffic Act in 2012, 2006, and 2002, and the Defendant was sentenced to a total of five times or more of the crimes of the same kind, as stated in the judgment of the lower court, there is a high possibility of criticism against the Defendant, and the responsibility is also the same.