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

Punishment of the crime

[criminal power] On November 16, 2007, at the Suwon District Court, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving). On January 7, 2008, the Defendant was sentenced to a summary order of two million won for the same crime at the Sungwon District Court's Sungnam branch on the same day, and on May 10, 2010, by the same court as the same crime. On November 7, 2014, the Defendant was sentenced to a suspended sentence of six months and a fine of one million won for the same crime.

【Criminal Facts】

At around 16:50 on September 7, 2019, the Defendant driven CMW 528i car from approximately 10km to GMW 528i car on the roads near the Suwon-dong in Seongbuk-gu, Sungnam-si to Gwangju-si, the alcohol concentration of 0.260%.

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. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. Considering that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the suspended sentence of imprisonment for the Defendant, even though the Defendant had been punished six times due to drunk driving, the Defendant drives a considerable distance under the high blood alcohol concentration, it is inevitable to severely punish the Defendant.

However, the fact that the defendant shows a strong reflection of the error is considered in favor of the defendant, etc.

In addition, the sentence shall be determined as ordered by comprehensively taking into account all the factors of sentencing in the instant case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.