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

Punishment of the crime

[criminal power] On January 29, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving), etc. at the Suwon District Court on August 13, 2009; on August 14, 2009, the same court was sentenced to a fine of three million won for the same crime; on January 14, 2009, the court was sentenced to a suspended sentence of six months for the same crime; on November 25, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime; and on April 30, 2017, the execution of the sentence was completed.

【Criminal Facts】

On November 13, 2019, at around 00:45, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 0.166% at the 2km section of blood alcohol content from the 2km section of approximately 323 meters to the clateral intersection in the same 323-ro of the same new city in the vicinity of the Anungung-gu Newdong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records, copies of written judgments, etc.), application of Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the record of driving under the influence of alcohol, re-driving under the influence of alcohol, and the nature of the crime is not less than that of the crime, but higher than that of the blood alcohol concentration due to the drinking of this case.

The defendant has already been punished five times due to drinking driving, etc. (including actual punishment and previous convictions before suspension of execution), and there is a lot of possibility of criticism in that he/she committed the crime of this case without being aware of it even though he/she was a repeated crime due to the same crime.

However, the defendant committed the crime of this case.