A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 3, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court, and on February 8, 2011, the Defendant was sentenced to a suspended sentence of 2 years for August and June 2, 201 to a suspended sentence of 2 years for the same crime in the same court.

【Criminal Facts】

On May 10, 2020, at around 19:54, the Defendant driven a 1 ton cargo vehicle E while under the influence of alcohol leveling 0.231% from the section of about 2km from the 19:54 to the front road in Yongcheon-si, Sin-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished by a fine, a suspended sentence, and a suspended sentence on several occasions, and among which the recent crimes were punished by a suspended sentence for drinking driving in 2016, it is judged that the Defendant’s intent to observe the law is weak even if he/she was punished by a suspended sentence for drinking driving in 2016.

In addition, since the drinking water level of the defendant at the time is very high to 0.231% and the risk of the accident is high, the defendant shall be sentenced to imprisonment with prison labor.

Provided, That the minimum sentence shall be set at the applicable sentencing range in consideration of the defendant's age, environment, family relationship, etc. after discretionary mitigation in consideration of the fact that the defendant is committed against his/her confession, etc.