A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 22, 2015, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gyeyang Branch of Suwon District Court on April 22, 2015, and on June 22, 2018, the Defendant was sentenced to two years of suspension of execution on August 30, 2018 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) and a violation of the Road Traffic Act in the Gyeyang Branch of Suwon District Court on June 22, 2018.

【Criminal Facts】

On December 10, 2019, at around 21:30, the Defendant driven a Dhand car with approximately approximately 200 meters alcohol concentration of 0.140% while under the influence of alcohol from the section of approximately 200 meters to Pyeongtaek-si roads.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (verification of the records of driving a motor vehicle for the same kind of drinking);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant committed the instant crime without being aware of even during the period of suspension of execution due to the same kind of crime; and (b) the drinking water level of the instant case also depends on 0.140% (the Defendant’s drinking water level depends on 0.177% and 0.165% at around 2015 and at the time of the same kind of crime in 2018), and the responsibility for the instant crime is heavy.

However, considering the fact that the defendant recognized the crime of this case and reflected, etc. in favor of the defendant, the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: