A defendant shall be punished by imprisonment for one year.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On June 4, 2019, the Defendant was sentenced to a suspended sentence of two years after June 1, 2006 for the crime of violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on June 4, 2019, and was punished three times for the crime of violation of the Road Traffic Act (driving) committed after June 1, 2006.

Nevertheless, at around 00:16 on September 16, 2019, the Defendant, while under the influence of alcohol of 0.195% of blood alcohol level, violated the provision on prohibition of drinking driving by driving a motor vehicle with D-Apurburon at a section of approximately 12 km from the front side of Gwangju City to the underground parking lot of Gwangju City at approximately 12 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The application of Acts and subordinate statutes, such as criminal records, reply reports, and judgments on the same criminal records (39 pages of investigation records);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing factors) was that the Defendant driven a vehicle under the influence of alcohol at around 2003, around 2009, around 2010, and the suspension of the execution of imprisonment at around 2019, even though the Defendant was under the influence of alcohol, the Defendant driven the vehicle under the influence of the blood alcohol concentration of about 0.195% from the time when the judgment on the suspension of the execution became final and conclusive to the point of time when the said judgment on the suspension of the execution became final and conclusive.

The main circumstances are to be taken into account, but the defendant's attitude to recognize and reflect the defendant's mistake, the sentence of the above suspension of execution seems to be invalidated by the crime of this case, the defendant does not have any other criminal records than the above previous criminal records and one-time fine due to unauthorized driving, and the defendant's age and character, environment, motive, means and consequence of the crime, and all other circumstances, such as the situation after the crime, etc., shall be determined as per the order.