A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Power] On June 13, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On December 9, 2019, at around 22:17, the Defendant driven an E Q7 car under the influence of alcohol leveling 0.207% of alcohol level from approximately 400 meters to the “D” road located in the same Gu C from the front of the Daesung-gu World War B to the front of the “D” store located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (verification of the suspect's records of driving alcohol three times, and attachment of the relevant judgment) shall apply;

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 applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

Before the instant case, the Defendant had been punished for drinking driving three times (200, 2004, 2017).

Among them, the first criminal power is sentenced to the suspension of the execution of imprisonment with prison labor for three weeks in the event of drunk driving, and the second criminal power is sentenced to the summary order of a fine of 2.5 million won due to drunk driving, and the last criminal power is sentenced to imprisonment with prison labor for a crime of this kind and is under the disqualification period for repeated crime and suspended execution.