A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 8, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch, and on May 14, 2010, the Daegu District Court issued a summary order of a fine of three million won for the same crime, respectively, and on May 27, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Busan District Court.

Nevertheless, at around 23:05 on November 18, 2019, the Defendant driven a D low-speed car with approximately 800 meters alcohol concentration 0.217% under the influence of alcohol from the front side of the Gangnam-gun, Chungcheongnam-gun, Seoul to the entrance three distance.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the control results of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the judgment, etc. of the same kind of case);

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

1. In view of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation increases citizens’ risk to traffic safety, and the necessity of strict punishment is high, the driving division is four times before and after the suspension of execution is imposed, it is necessary to impose the Defendant a sentence to have a firm opportunity for compliance driving. The Defendant’s recognition of his mistake is seriously contrary, and the Defendant’s criminal records, the nature and risk of the instant crime, the nature and risk of the instant crime, the background and degree of the instant crime, the Defendant’s family relationship, the health status, and the possibility of recidivism, and the various sentencing conditions indicated in the instant records and arguments shall be comprehensively considered.