A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 30, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 15, 2009, a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 15, 2009, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Yongsan District Court on November 30, 2012, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 6, 2017.

On October 20, 2019, the Defendant was under the influence of alcohol with 0.128% of blood alcohol level on October 20, 2019, and the Defendant driven a e-human vehicle up to the front way of “Dcafeteria” located in the city of the Government in the city of the Gu in the city of the Gu in the city of the Gu government.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving (Evidence 10);

1. Application of inquiry letters, a copy of judgment, and 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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the instant crime even though he/she had a previous conviction, including a previous conviction, which is identical to that of the probation, the fact that the criminal defendant was sentenced to probation has recently been a previous criminal record, the blood alcohol concentration of the defendant was considerably high, and the punishment is determined as ordered by taking into account the defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc.