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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 21, 201, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 21, 201, and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the same court on August 29, 2014. On September 3, 201, the Defendant was sentenced to a suspension of six-month execution for the same court on September 3, 2015.
On November 23, 2019, the Defendant driven a F Mt Motor Vehicle at approximately 50 meters away from the roads near the “C” located in the Jeonnam-gun, Jeonnam-gun, to the front road located in D, while under the influence of alcohol of 0.243% of alcohol level around 01:00.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident occurrence report;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing the judgment;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the circumstances described in the reasons for sentencing) was already punished three times due to drunk driving and refusal to take a drunk test. Among them, the recent crime was punished for the suspension of the execution due to the refusal to take a drunk test in 2015 and the non-licenseless driving in 2015, and the drinking alcohol level in this case is very high, so the defendant shall be sentenced to imprisonment with prison labor.
However, since there are extenuating circumstances, such as the fact that the defendant suffers from a yellow disorder and the defendant seems to have continuously caused drinking, and the defendant sells the vehicle of this case after the crime of this case, the term of punishment shall be set at the lower limit of the applicable punishment after mitigation.