A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 14, 2009, the defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act at a district court of Jung-gu on January 14, 2009, and on July 22, 2016, the same court has the record of being sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On February 18, 2020, around 21:15, the Defendant driven a mixed vehicle while under the influence of 0.034% from approximately 6km section to the “D” road located in Scheon-si, B from the front of the city to the front of the “D” road in Scheon-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiries, inquiry reports, confirmation of the same type of power, application of statutes of the judgment; and

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 for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, on or around 2001 and around 2009, was punished by a fine for a violation of each Road Traffic Act (driving on or around 2009). On or around 2016, the Defendant committed the instant crime even though he had the record of being punished by a suspended sentence of imprisonment due to the violation of the Road Traffic Act (driving on or around 201) and the obstruction of performance of official duties.

In light of the defendant's previous punishment records, considering that the defendant's blood alcohol concentration at the time of the instant case was 0.034% higher than that of the defendant at the time of the instant case.

Even if the defendant is no longer the defendant, it is difficult to take the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the various circumstances mentioned above, the Defendant’s age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments.