A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 6, 2017, the Defendant is a person who was sentenced to imprisonment for two years with prison labor for a violation of the Punishment of Violences, etc. Act (joint confinement) in the Chungcheong District Court’s Chungcheong Branch on July 6, 2017, and whose sentence has become final and conclusive on July 14, 2017 and is still under probation period.

On February 27, 2015, the Defendant issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch on February 27, 2015, and on December 5, 2017, the same court was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the same court.

On July 27, 2019, around 09:10, the Defendant driven a F Kazon vehicle with approximately KRW 500 meters alcohol concentration 0.134% while under the influence of alcohol at a section of about 500 meters from the front of the “C” located in Chungcheong City B to the front of the “E” located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. Criminal records: Criminal history records, inquiry report (A), investigation report (report on verification of the records of sound driving), judgment, summary order, written judgment, judgment, application of Acts and subordinate statutes on search of consolidated cases;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is three times within five years, and the crime is repeated within a short period, and the previous blood alcohol concentration at the time of driving under influence is very high (0.138%, 0.243%). In the instant crime, the blood alcohol concentration at the time of committing the instant crime is also high to 0.134%. In the previous crime, even if there is a dangerous element, such as an accident, and an accident, even if one was committed during the suspended sentence, the driving continues to be done under the influence of alcohol. As long as long as the person was punished by a fine due to a drunk driving during the suspended sentence period, the person is still under the name of a drunk driving and is highly likely to repeat the crime, taking account of these circumstances into account.