A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 13, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On January 26, 2020, the Defendant driven CM5 car at a 1 km section from the Daejeon Dong-dong B apartment parking lot to the front road of the same tri-dong Tambambambamb in the state of alcohol level of 0.08% of blood alcohol level around 21:23.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: Criminal records, reply reports, Daejeon District Court Decision 2008 High Court Decision 25727 decided December 27, 2008;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The defendant was sentenced to a fine due to drinking driving, and was sentenced to one year of probation for six months of imprisonment due to the crime of causing property damage, etc., and carried out the drinking driving of this case during the period of probation.

Circumstances favorable to the defendant: The history of punishment for drunk driving is 10 years or more.

The crime of this case is recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.