A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 15, 2007, the Defendant received a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act from the Suwon District Court on the land site, and on June 10, 2010, the same court has the record of being sentenced to imprisonment for 6 months and 2 years of suspended execution.

On February 3, 2020, at around 22:10, the Defendant driven a C car with blood alcohol content of at least 0.048% from the 10km section to the front road of the 34km-gu, Western-si, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-si, the Defendant driven a C car with blood alcohol content of at least two times from the 10km section, which was under the influence of alcohol content of 0.048%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstantial statement of a drinking driver, a notification of the results of the crackdown on drinking driving, a ledger using a drinking measuring instrument, and a photograph at the scene

1. Application of replys to inquiries, such as criminal records, investigation reports, and statutes;

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. The blood alcohol concentration measured with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was not significantly high and human damage did not occur.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

In the past, the Defendant has been sentenced to a suspension of the execution of imprisonment on two occasions due to a fine due to drinking driving, and the Defendant has been punished due to the violation of the Road Traffic Act, the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Guarantee of Automobile Accident Compensation Act, and thus, the Defendant committed the instant crime at once.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.