A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On March 19, 2007, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on July 22, 2013, a summary order of KRW 5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On August 25, 2019, around 20:55, the Defendant driven a FM car in the state of alcohol alcohol content of about 30 meters from the front Do to the “E Park D” set forth in the same Gu’s Gu, the Defendant driven the FM car at approximately 0.261% under the influence of alcohol content.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. The actual condition survey report, the report on the circumstantial statement of a drinking driver, the notification of the control of drinking driving and the inquiry into the results of the fact;

1. Previous convictions: Criminal records, investigation reports (Attachment of criminal records of the same kind of suspect), and application of summary order statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for one to two years;

2. Determination of sentence: A person who has been sentenced in one year and two months of imprisonment shall be divided in depth by the defendant, the distance of operation is shorter, and the physical accident shall be recognized in parallel;

However, the crime of this case is being driven under the influence of alcohol despite the fact that the defendant was punished for driving under the influence of alcohol.

As a result of the accident, the danger and the seriousness of the harmful effects of the drunk driving, the accident actually occurred, the blood alcohol concentration at the time is very high, and the defendant has been 3 times or punished for the same kind of crime, but there is also high possibility of criticism by lowering the crime of this case and high possibility of recidivism.

Therefore, it is true.