A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 10, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act in the Gun mountain support of the Jeonju District Court, and on December 17, 2013, the Daejeon District Court rendered a summary order of KRW 5 million for a fine of KRW 10,000 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and a violation of the Road Traffic Act (driving Vehicle) and two years for a suspended sentence. On November 22, 2017, the Defendant was issued a summary order of KRW 5,00,000 for a violation of the Road Traffic Act from the subsidies of the Daejeon District Court.

【Criminal Facts】

Although the Defendant was punished as a crime of violation of the Road Traffic Act as above, at around 01:20 on April 14, 2020, the Defendant driven a F A6 vehicle under the influence of alcohol content of about 800 meters from the road front of C located in Dong-gu, Yannam-gu, Incheon-gu, Seoul to the front road located in Dong-gu, dong-gu, Yannam-gu, Incheon-si, the Defendant driven a FA6 vehicle under the influence of alcohol content of about 0.119%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the situation of a drinking driver, report on the investigation, notification of the results of the control of drinking driving, and inquiry into the results of control;

1. References to inquiries, such as criminal records, each summary order, and application of court rulings and 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. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect his/her mistake.

There was no accident.

The health is not good and the will to treat alcohol dependence is shown.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.119%.

In the past, even though the Defendant was sentenced to a fine three times due to drinking driving, a suspended sentence of imprisonment, and a fine one time due to driving without a license, the Defendant committed the instant crime.