A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 21, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on July 21, 2015, and was sentenced to 8 months imprisonment for the same crime in the same court on November 10, 2015 and the said judgment became final and conclusive on March 16, 2016, and the said suspended sentence becomes void, and the execution of the final sentence on March 11, 2017 was terminated.

【Criminal Facts】

On September 15, 2019, at around 06:57, the Defendant driven a DM3 car while under the influence of alcohol level of about 0.118% in the section of approximately 1km from the Sdong-si to the front of C in the area of approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Accident site and vehicle photograph;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same kind of power, and confirmation of the period of repeated offense);

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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of punishment by law: One to five years of imprisonment;

2. Determination of sentence: The sentence shall be determined in the same way as the order is taking into account the following circumstances as a year of imprisonment, taking into account the defendant's age, environment, and circumstances after committing the crime, taking into account various factors of sentencing as shown in the arguments in this case.

In light of the fact that drinking driving is likely to cause serious damage to another person's life, body, and property, and that the statutory punishment has been continuously aggravated due to social harm caused thereby, changes in the people's legal sentiment, etc., it is necessary to strictly punish the same.

The defendant committed the crime of this case, even though he had a record of punishment and has been punished for the same crime.

In particular, the defendant is recorded in the records of the crime.