A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 16, 2006, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act by driving a motor vehicle under the influence of alcohol level of 0.262% on December 14, 2006.

On December 13, 2017, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at the Changwon District Court for ten months, and completed the execution of the sentence on August 22, 2018.

Around 20:50 on August 2, 2020, the Defendant driven a DNA liquid passenger car while under the influence of alcohol leveling 0.223% from approximately 4km to the front road of the Chungcheongnam-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition of a driver, a report on the circumstantial statement of a driver, a criminal investigation report (report on the circumstances of a driver), a criminal investigation report (a report on a driver under suspicion's drinking and an investigation report on a traffic accident), and a report on internal accidents (a summary of

1. Records of seizure, list of seizure and report on internal investigation (request for appraisal of blood alcohol concentration);

1. Criminal records as indicated in the judgment: Application of criminal records, etc., investigation reports (verification of the same criminal records), investigation reports (report on confirmation as to whether they are during the period of repeated crimes and a copy of judgment attached thereto);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drunk driving increases, it is necessary to impose heavy responsibility on drinking drivers.

The defendant shows his attitude to recognize and reflect the crime of this case.