A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 5, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court's Busan District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On July 25, 201, the Incheon District Court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving). On December 12, 201, the Defendant was sentenced to a suspended sentence of KRW 10,000 by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court's Incheon District Court.

On December 8, 2019, the Defendant, while under the influence of alcohol with 0.125% of blood alcohol concentration, driven an E rocketing car from the neighboring parking lot of the “C” restaurant located in Seosan-si B to D in Seosan-si, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Screening pictures of a photograph of a control site and of a CCTV image to be taken;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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. Determination of the sentence as ordered by comprehensively taking into account all the conditions of sentencing, including the defendant’s criminal records, the degree of the offense, the background and distance of driving, the age, character and conduct, environment, etc. on the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act;