A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 13, 2012, the Defendant was sentenced to imprisonment for six months with prison labor for a crime of violation of the Road Traffic Act in the Daegu District Court's Ansan Branch on July 13, 2012, and was sentenced to a summary order of KRW 7 million in the same court on April 1, 2015, and was sentenced to a fine of KRW 7 million in total at the same court on April 4, 2015.

【Criminal Facts】

On June 30, 2019, at around 04:25, the Defendant driven B K5 car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.191% from the 2km section to the roads of polytex University located in Heungdong in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, copies of summary order, application of Acts and subordinate 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant was punished for a drunk driving four times; (b) the Defendant was sentenced to a fine on three occasions; (c) the Defendant was sentenced to a suspended sentence of imprisonment for a single time; and (d) the previous conviction was a relatively short period since 2010; (c) the Defendant was a 5th drunk driving at this time; and (d) the instant blood alcohol concentration was very high, it is inevitable to sentence the Defendant.

However, in light of all the circumstances, such as the fact that the defendant would not drive a motor vehicle by disposing of the motor vehicle after the instant case, the fact that the defendant shows the attitude against the mistake, the fact that there are two children that the defendant should look about, and the age, character, character, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with the order.