A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 22, 2008, the defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Seocho District Court's territorial branch of Chuncheon District Court as well as a summary order of KRW 2 million for the same crime in the same court on December 8, 2009.

On February 17, 2014, the Defendant was sentenced to a three-year suspended sentence due to murder, attempted murder, etc. at the Changwon District Court’s Tong branch, and on December 16, 2015, on the same day, sentenced on June 10, 2016, the Defendant was sentenced to six months of imprisonment for violation of the Road Traffic Act at the Gangwon District Court’s Gangwon Branch Branch, which was under the suspended sentence, and the said sentence became final and conclusive on June 10, 2016, and the said suspended sentence was invalidated on the same day, and on April 30, 2018, the period of parole was expired on February 11, 2019.

【Criminal Facts】

On September 3, 2019, at around 17:20, the Defendant driven a C-learning car with a blood alcohol concentration of about 0.224% from the front of the dwelling area located in Gangwon-gun Yangyang-gun B to the front of the Gangseoyang-gun, Gangwon-gun, the Hanyang-gun, the Hanyang-gun, and the front of the G-gu, 2509.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a photo at the scene of an accident, a report on the circumstantial statement of a drinking driver, a criminal investigation report (report on the situation of a drinking driver), a tea inquiry, an investigation report (applicable with the Madmark), and an appraisal report on blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of the records of the same kind of punishment), investigation reports (verification of the facts during the period of repeated crimes) and Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The defendant's mistake on the grounds of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is recognized.

However, the defendant has been punished for the same crime.