A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 18, 2008, the Defendant was sentenced to a summary order of 4 million won by a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Daejeon District Court on November 18, 2008, and on May 13, 2010, to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (Refusal of measurement) at the Daejeon District Court on May 21, 201, and the judgment became final and conclusive on May 21, 2010

On January 1, 2020, the Defendant, as a person who violated the Road Traffic Act twice as above, driven a Creki Cargo Vehicle under the influence of alcohol content of about 0.188% at a distance of about 30km from the alleyway near the B market in Chungcheongnam-si, Chungcheongnam-do to the Daejeon Highway from the point of about 84km in Daejeon-do.

Accordingly, the defendant, who violated Article 44 (2) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal place, notification of the results of the drinking driving control, inquiry into the results thereof, report on the circumstantial statement of a drinking driver, circumstantial report of a drinking driver, and investigation report (distance specified);

1. The register of driver's licenses, and making inquiries into the car register;

1. A written appraisal (the blood alcohol concentration);

1. Nene map;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of two-time records refusing to measure sound records), summary orders, and application of statutes governing judgment;

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. Reasons for sentencing in light of Articles 53 and 55(1)3 (hereinafter referred to as the following circumstances favorable to the accused) of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for one to two years;

2. Determination of sentence: The defendant was sentenced to imprisonment with prison labor for one year, in depth, and the defendant was not involved in various accidents, and the interval between the last criminal conviction in the judgment is relatively long, economic circumstances are difficult, and social ties are clear, such as supporting his spouse who shows symptoms of depression, etc.