A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 27, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by Daejeon District Court on April 27, 2007.

Nevertheless, on July 10, 2020, at around 23:00 on the Seo-gu, Seo-gu, Daejeon Special Self-Governing City, the Defendant driven a low-speed vehicle with a alcohol level of about 0.153% alcohol level at the section of approximately 13 km in front of the Daejeon Special Self-Governing City, from around the Daejeon Special Self-Governing City, to the roads in front of the Daejeon Special Self-Governing City-Governing Province.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, reporting on the results of the control of drinking driving, criminal records, and summary order;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act shall provide that a person who has driven under the influence of alcohol at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years (the person shall be punished by imprisonment with prison labor for not less than one year but not more than two years and not more than six months, even if mitigation

As stated in the judgment, the Defendant had a criminal record of being sentenced to a fine due to drinking driving as well as carried out the instant drinking driving without being aware of the fact that the Defendant was under suspension of execution due to the crime of this species.

Circumstances favorable to the defendant: The defendant acknowledges all of the crimes of this case and reflects them.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.