A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] The defendant is punished by a fine of one million won for a violation of the Road Traffic Act (driving of Drinking) at the Gunsan Branch of the Jeonju District Court on April 23, 2009, and the same as the defendant.

H. On January 30, 201, a fine of KRW 1.5 million was sentenced to the same offense in the same court, and on January 28, 2010, two years of suspended execution, and on May 13, 2013, a fine of KRW 5 million was sentenced to the same offense in the same court.

【Criminal Facts】

On March 18, 2019, at around 01:10, the Defendant driven a F low-speed car while under the influence of alcohol leveling 0.215% from a 200-meter section of blood alcohol level to E in the front of the next city in the following city: “C” on the roads in the following city B.

As a result, the defendant was under the influence of alcohol and was punished more than twice, but he was under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement of the driver and the inquiry report requested for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power), judgment, etc.;

1. Relevant legal provisions concerning criminal facts and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment (in addition, even if there are three times of a fine for drinking only after 2009, and one time of a suspended sentence of imprisonment, the instant drinking driving leads to the instant case. In particular, even if a person was sentenced to imprisonment for drinking driving in 2010, six months of a suspended sentence, two years of a suspended sentence, and five million won of a fine for drinking driving again in 2013 and was sentenced to a fine again in the year 2013, the instant drinking driving led to the instant case, even if he was sentenced to a suspended sentence, and the blood alcohol concentration reaches 0.18% of the respiratory measurement, and the blood alcohol content exceeds 0.215% of the blood measurement).

1. The fact that the Defendant reflects the crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the fact that there are no other criminal records other than those punished for the violation of the Road Traffic Act due to drinking and the measures not taken after the accident since 200, and the age, character and conduct of the Defendant, and other criminal records.