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

Punishment of the crime

[criminal power] On March 7, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court. On May 18, 201, the Defendant was sentenced to imprisonment with prison labor of KRW 2 million for the same crime in the Eunpyeong District Court’s Eunpyeong Housing Site for the same crime, on April 19, 201, on April 19, 201, on April 8, 201, on April 19, 201, on April 1, 2013, on April 1, 201, and on July 1, 2015, the Defendant was sentenced to imprisonment with labor of KRW 8 months for the same

On June 14, 2017, the Defendant sentenced the Suwon District Court to four months of imprisonment for a violation of the Road Traffic Act (non-licensed driving) at a site site, and completed the execution of the sentence on October 13, 2017.

【Criminal Facts】

At around 17:10 on January 4, 2020, the Defendant driven a DK5 car under the influence of alcohol level of about 0.166% from the front of a restaurant in the mutual influent population B to the near road in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), notification of the results of the regulation of drinking driving, and record of the measurement of drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc.);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the previous conviction in the judgment, the Defendant committed the instant crime of drunk driving, even though he was sentenced five times to criminal punishment due to drunk driving and was sentenced two times during the period of repeated crime due toless driving.

As such, there is a lack of compliance spirit and safety awareness about traffic offense because the punishment, such as suspended execution and sentence, is repeated.