Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant driven a motor vehicle under the influence of alcohol level of 0.08% on July 2, 2009 and was sentenced to a summary order of KRW 1 million on November 26, 2009 as a crime of violation of the Road Traffic Act (hereinafter “Violation of the Road Traffic Act”), and was sentenced to a summary order of KRW 2.5 million on August 7, 2009, when driving a motor vehicle under the influence of alcohol level of 0.216% on August 10, 2009, under the influence of alcohol level of 0.2.5% on the same support, and was sentenced to a summary order of KRW 2.5 million on December 10, 209 (Article 5145). On August 1, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same year from March 26, 2015 after driving a motor vehicle under the influence of alcohol level of 0.164% on August 1, 2014.

(2014 Highest 866) On November 16, 2019, the Defendant driven Dbeer or passenger cars while under the influence of alcohol at about 1km section from the Do in front of the Chungcheongnam-dong B, Chungcheongnam-do to the roads in C, and at least 0.203% of alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, on-site, and photograph of an accident vehicle;

1. Statement on the circumstances of the driver, and response to requests for appraisal;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (No. 36 No. 5 of the evidence list), summary orders, and application of the judgment-related Acts and subordinate statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drunk driving increases, it is necessary to impose heavy responsibility on drinking drivers.

The defendant shows his attitude to recognize and reflect the crime of this case.

Defendant will not drive alcohol in the future.