A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 28, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by driving D A3 car under the influence of alcohol concentration of 0.057% on the front of the Jinsadong-gu Seoul Central District Court at the same Seoul Central District Court on November 20, 2015, and by driving D A3 car under the influence of alcohol concentration of 0.057% at a level of under the influence of alcohol concentration of 0.057% on January 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Although the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant's wrongness, there are two times the past records of being sentenced to a fine for a crime of violating the Road Traffic Act in 2014 and 2015, and in particular, in 2017, there is a history of being sentenced to the suspension of the execution of imprisonment for a crime of crubing in the downtown under the influence of alcohol.

The punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing expressed in the course of investigation and trial, including the defendant's age, social living relationship and circumstances before and after the crime.