A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On May 17, 2012, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On October 24, 2012, the Defendant issued a summary order of 4.5 million won for a violation of the Road Traffic Act (driving). On August 29, 2013, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) by the same court.

【Criminal Facts】

On October 31, 2018, at around 22:15, the Defendant driven an Eststren vehicle under the influence of alcohol leveling 0.187% from the front of the “C” road in Naju City B to the roads adjacent to D in the same city.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about the records of drinking tests, notification of the results of crackdown on drinking driving, and the results of crackdown on drinking driving;

1. Previous record: Application of a reply to inquiries, such as criminal records, investigation report (including attached documents of judgment, etc.) statute;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, reasons for sentencing choice of imprisonment with prison labor, and reasons for sentencing;

1. The following circumstances, etc. may be considered as favorable to the defendant:

Family members in need of support for defendants for health reasons are needed.

There is no record that the defendant was punished for more than the suspended sentence until the crime of this case was committed.

The defendant recognizes his mistake and reflects his fault.

2. However, considering the following circumstances at a disadvantage, it is difficult to sentence the Defendant a minor sentence even if considering the favorable circumstances as seen earlier.

The defendant, including criminal records, has been punished five times after 2004 or for drinking driving, etc., and among them.