A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 11, 2007, the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act, etc. from the Jinyang Branch of the Jinyang Branch of the District Court. On December 26, 2012, the same court received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving). On April 12, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving).

On August 2, 2020, at least 05:15, the Defendant, despite the aforementioned criminal power, driven a C Mac-cr cruise car with approximately 5km alcohol concentration of 0.120% in the direction of 0.120% from the high view view road near the Goyang-gu, Goyang-si to the roads near the Dongdong-gu, Mangdong-gu, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Legal statements of the defendant, written statements, circumstantial statements, and site photographs of the notification of the results of the drinking driving control;

1. Previous convictions in judgment: Criminal records, one written judgment, and application of two copies of summary order Acts and subordinate statutes;

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. Although the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects the Defendant’s wrongness, there are many records of criminal punishment due to drunk driving, and in particular, even if the sentence was sentenced to a suspended sentence of imprisonment in 2018, recidivism was conducted.

The punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing that appear in the course of investigation and trial, such as the age, social living relationship, and circumstances before and after crimes.