A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[Criminal Power] On June 20, 2008, the Defendant was sentenced to a summary order of one million won as a crime of violation of the Road Traffic Act at the Suwon District Court, and on August 31, 2017, the Defendant was sentenced to a suspended sentence of two years in August.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act twice as stated in the above criminal records, on March 8, 2020, at around 04:10 on March 8, 2020, the Defendant driven the Bi40 car while under the influence of alcohol of about 0.092% of alcohol level from the 5km section of about 0.092% of alcohol level in the front of the new engineer distance in the direction of 627 in the direction of the city of king-si to the 627-gu Gyeongyang-si, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Around 02:43 on February 22, 2020, the Defendant driven a Cnife car under the influence of alcohol with approximately 0.184% alcohol concentration at the section of approximately 50 meters in the “Noon Park Public Parking Lot” located in 206 Enife-si, Annife-si, Annife-si, annife-si.

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

Summary of Evidence

[200 Highest 1299] Defendant’s legal statement

1. Statement in the circumstantial circumstances of a host driver [200 order 2216] Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of criminal records of the same kind) among the evidence records of public parking lots CCTV photographs [the previous record on the market] in the report on the circumstantial statement of a driver;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the instant crime of drunk driving was committed repeatedly despite the fact that the Defendant had been sentenced to a suspended sentence of imprisonment due to the crime of drunk driving for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, etc.