A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 15, 2007, the Defendant was sentenced to a suspended sentence of three-year imprisonment by the Incheon District Court for a crime of violation of the Road Traffic Act, etc., and was sentenced to a fine of seven million won by the Incheon District Court for a crime of violation of the Road Traffic Act on November 14, 2013.

On February 16, 2015, at around 16:30, the Defendant driven a motor vehicle of 200 meters from the street in front of the Seongbuk-gu Incheon Metropolitan City, Seo-gu to the tri apartment located in 140, Seo-dong, Seo-gu, Seo-gu, Incheon, with a blood alcohol concentration of at least 0.274%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (a copy of judgment, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. In light of the fact that the defendant, who caused a traffic accident by driving under the influence of alcohol on around 207, caused the death of other persons and escaped from the scene, was sentenced to the suspension of the execution of imprisonment. Nevertheless, on November 201, 2013, he was sentenced to a summary order of a fine by driving under the influence of alcohol on or around November 201, which resulted in the crime of driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case is deemed to have been done under the influence of alcohol, and the risk of recidivism is high in light of the above criminal records of the defendant, it is inevitable to sentence the defendant to imprisonment.

Provided, That the punishment as ordered shall be determined in consideration of the fact that the defendant is dead at the time of committing the crime and is in depth, and other conditions of sentencing, such as the age, character and conduct, environment, circumstances leading to committing the crime, methods, results, and circumstances after committing the crime.