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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 11, 2009, the Defendant was issued a summary order of KRW 500,000 by the Jeju District Court for a violation of the Road Traffic Act, and on August 21, 2014, the Defendant was issued a summary order of KRW 3 million by the same court as the violation of the Road Traffic Act.
1. The Defendant, on July 10, 2020, driven a fwing-III truck under the influence of alcohol content of 0.094% from the 1km section to the e-road located in the same city D from the 23:05 Jeju-si road to the e-road located in the same city D around July 10, 2020.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The Defendant, on July 11, 2020, driven the Fwing-III truck under the influence of alcohol content of 0.142% from around 6km to around 00:50 on July 11, 2020, from the front day of Jeju-si to the front day of H apartment Idong at the same time, and driving the Fwing-III truck under the influence of alcohol content of 0.142% from around 6km.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The provisions of each Act and subordinate statutes for reporting on criminal records, etc. and reporting on criminal investigations shall apply to each inquiry into the results of the control of drinking driving;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The punishment is determined as ordered by comprehensively taking into account the following circumstances: (a) the occurrence of traffic accidents while driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the occurrence of a traffic accident is more severe; (c) the Defendant’s re-driving is contrary to the nature of the crime; (d) the Defendant has no record of being punished exceeding the fine for the same kind of crime; and (e) the Defendant’s age, character and conduct, family relationship, environment, details and result of the crime; and (e) the circumstances revealed in