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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On March 31, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the credit branch of Suwon District Court. On September 8, 2010, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court.
【Criminal Facts】
On November 25, 2018, at around 21:20, the Defendant driven a F rocketing car with a blood alcohol concentration of about 0.151% in the 3km section from the front of the restaurant “C” in Ison-si B to the front of the Egyptian road in Ischeon-si D.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. On-site photographs and drinking photographs;
1. Reports on the occurrence of a traffic accident and reports on the occurrence of a traffic accident;
1. Making a report on the control of drinking driving;
1. Report on the circumstantial statement, investigation report, and report on the status of running a driving on the drinking house;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Article 148-2(1)1 of the Road Traffic Act, Article 148-2(1)1 of the Act on the Punishment, etc. of Criminal Crimes, Article 44(1) of the Road Traffic Act, Article 144(1) of the grounds for sentencing a sentence of imprisonment with prison labor, even though the defendant had a record of having been sentenced to a suspended sentence of imprisonment due to the occurrence of a traffic accident during a drunk driving, he/she re-driving the motor vehicle, and he/she also caused
The numerical value of the blood alcohol concentration measured shall not be lowered.
The defendant is expected to reflect the crime and not to repeat the crime.
The defendant has no previous record other than those subject to punishment twice due to drinking driving, etc.
Other circumstances, such as the age, character and conduct, environment, and motive of drinking driving made by the defendant, etc., shall be determined as per the order.