A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 16, 2013, the Defendant was issued a summary order of KRW 1 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.

On September 18:05, 2019, the Defendant driven a F Poter Cargo in the state of alcohol alcohol concentration of about 0.203% from the 4km section from the Cheongju-si B apartment Cdong parking lot to the front road located in the same Gu D.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

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. The establishment of a social consensus to strengthen punishment for drunk driving due to the seriousness of the harm caused by the reason of sentencing and the high recidivism rate of drunk drivers due to the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act and the amendment of the law reflecting this is being implemented.

However, considering the fact that the defendant had been under the influence of alcohol in the same kind, including suspended sentence three times, and the fact that the defendant again caused the accident of having driven a vehicle while driving the vehicle while under the influence of 0.203% of blood alcohol level by the evidence, such as the witness's statement, it is inevitable to sentence the defendant to a sentence on the defendant in light of the fact that the defendant denied such a driving under the influence of alcohol and did not seem to reflect the defendant's attitude. However, in determining the specific punishment, all of the circumstances that are the sentencing conditions specified in the records and arguments of this case, such as the blood alcohol concentration and driving distance, the defendant's age, character and behavior, and conditions before and after the crime.