A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 15, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and on April 30, 2010, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for six months in the same court due to the same crime, etc. on April 30, 201, and on April 15, 2014, the same court was sentenced to a suspended sentence of imprisonment for one year for a crime of violating the Road Traffic Act (driving), and was sentenced to a suspended sentence of ten months in the same court on November 24, 2016, and was sentenced to a fine of KRW 2.5 million in the same court on April 25, 2017.

On November 8, 2020, the Defendant driven a D A3S Meback 35 TDI car in a state of under the influence of alcohol leveling 0.049% of alcohol level at approximately 1.2km from the Do in front of Pocheon City, 87, the center of Sincheon-si, 2020, to the front road of Sincheon-si C gas station located in Sincheon-si B.

Accordingly, the defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on driving of alcohol, reporting on the circumstances of the driver under the influence of alcohol, reporting on the situation of the driver under the influence of alcohol, response to requests for appraisal, investigation report (incluence of alcohol concentration in blood of a suspect A), and trends of alcohol concentration in blood;

1. References to inquiries, such as criminal history, (E), reports on investigation (verification of such type of force, etc.), summary orders, and application of the statutes governing the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to a suspended sentence, shall be punished by a fine for a violation of the Road Traffic Act on or around 2004, on or around 2009, by a crime of violation of the Road Traffic Act, by a crime of violation of the Road Traffic Act on or around 2010, by a suspended sentence of imprisonment, by a crime of violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), again, by a suspended sentence of imprisonment for a violation of the Road Traffic Act on or around 2014, and by imprisonment for the same crime.