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

Punishment of the crime

On October 13, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on September 15, 2015, in the same court, sentenced six months to imprisonment for a violation of the Road Traffic Act, and on September 20, 2018, in the same court, sentenced six months to imprisonment for a violation of the Road Traffic Act, and completed the execution of the sentence on December 19, 2018.

On October 3, 2019, at around 09:58, the Defendant driven an Egymn vehicle under the influence of alcohol content of about 0.171% in a section of about 340 meters from the roads near the water site C in Gurisi B to the front of D in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of the same kind of power and attachment of related summary orders and judgments), investigation reports (verification of repeated crimes) 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. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act include three times imprisonment for the same kind of crime, such as drinking and unlicensed driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and violation of the Road Traffic Act, even before sentencing is imposed.

Nevertheless, the crime of this case was committed while driving under the influence of 0.171% of the blood alcohol concentration in the second blood.

In particular, the Defendant has a high possibility of criticism in that he repeated the same crime during the period of repeated crime not exceeding one year after the end of the last sentence on December 19, 2018.

However, it is advantageous to the fact that the defendant recognizes the crime and disposes of the vehicle by mistake that the defendant does not drive under the influence of alcohol.