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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 11, 2007, the Defendant was issued a summary order of a fine of two million won for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on April 27, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.
On March 9, 2020, at around 19:15, the Defendant driven an E-observer car under the influence of alcohol concentration of about 0.162% in a section of about 200 meters from the roads in front of the Gwangju Mine City, to the roads in front of the Dju station located in the same Gu C.
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. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous records of judgment: Application of inquiry reports and investigation confirmation Acts and subordinate statutes, including criminal records;
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 Defendant committed the instant crime again on the grounds of sentencing for sentencing of imprisonment with prison labor for the choice of punishment two times, since the period during which imprisonment with prison labor has expired due to drinking driving, etc., the commission of the instant crime again was committed on the grounds that the Defendant committed the instant crime, including blood alcohol concentration at the time of the instant crime, the background leading up to drinking driving, the distance and place of drinking driving, and the Defendant’s mistake, taking into account the Defendant’s age, character and conduct, and circumstances before and after the instant crime, etc., and all of the sentencing conditions specified in the records and arguments, such as the instant sentence, shall be determined as ordered.