A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 4, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the violation of the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On September 25, 2019, the Defendant driven D G80 vehicles while under the influence of alcohol at approximately 0.069% in the section of about 100 meters from the 23:20th of September 25, 2019 to the roads near Gwangju Northern-gu B department store.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of judgment;

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. When the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include long-term force for sentencing, the Defendant has been subject to punishment three times prior to the instant crime, and one time among them is subject to suspended sentence by causing traffic accidents. Nevertheless, the Defendant committed the instant crime in which the Defendant drives a vehicle under drinking while drinking and drinking. However, the Defendant’s nature of the instant crime is not contrary, and it is difficult to deem that the Defendant’s risk of recidivism is low, and even if personal injury did not occur, and the Defendant’s crime of drinking driving was controlled by causing a traffic accident, it is difficult to sentence a minor sentence against the Defendant even after considering the circumstances asserted by the Defendant and his defense counsel.

Considering the fact that the defendant's mistake and reflects, etc. in favorable circumstances, the punishment as ordered shall be determined in light of the degree of blood alcohol, the background leading up to the drunk driving, the distance and place leading to the drunk driving, the distance between the last force leading to the drunk driving and the crime in this case, the defendant's age, character and conduct, environment, circumstances after the crime, etc.