Defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal power] On July 10, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court; on April 20, 2010, the Defendant was sentenced to a summary order of KRW 1 million for the same crime; on March 21, 2012, the Suwon District Court was sentenced to a summary order of KRW 1 million for the same crime; and on March 21, 2012, the Defendant was sentenced to a suspended sentence of KRW 8 months and two years for the same crime.

【Criminal Facts】

On July 10, 2020, at around 00:20, the Defendant driven a car with C Sti-type under the influence of alcohol concentration of about 0.098% from around 700 meters to around the same time on the road in the vicinity of the draft of Suwon-si, Suwon-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, notification of the results of the control of drinking driving and record of the values of taking measurements of drinking alcohol;

1. Photographs;

1. Previous records: Criminal records, etc. inquiry reports, one copy of the judgment, and two copies of the summary order;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act include the previous convictions in the judgment of the defendant, 4 times a fine and 2 times a suspended sentence of imprisonment with prison labor, including the previous convictions in the judgment of the defendant. In addition, the defendant committed the crime of this case again even though he had been punished several times for traffic-related crimes, and it seems difficult to prevent the recidivism of the defendant as a suspended sentence of imprisonment.

However, considering the fact that the defendant recognized the crime of this case and that there is no record of criminal punishment for exceeding the suspension of the execution of imprisonment, the circumstances favorable to the defendant, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc.