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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On November 19, 2010, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, etc. On January 17, 2017, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the same support on January 17, 2017, and on February 20, 2018, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) from the same support on February 20, 2018, and the said judgment became final and conclusive on February 28, 2018.
【Criminal Facts】
On November 15, 2019, at around 06:34, the Defendant once again driven a DM car with a blood alcohol concentration of 0.153% 0.153% in the section of approximately 200 meters, from around 06:34, the Defendant had driven the DM car in the state of alcohol.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. On-site photographs, CCTV photographs, main points receipts, and internal photographs of the main points;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. The sentencing of the Defendant on the grounds of discretionary mitigation pursuant to Articles 53 and 55(1)3 of the Criminal Act, including the criminal records of the Defendant, the blood alcohol density in the instant case, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and all the conditions of the sentencing as shown in the pleadings of the instant case, such as the circumstances after the commission of the crime.