A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years in August 4, 2018 due to a crime of driving under the Road Traffic Act, etc. at the Goyang District Court Goyang Branch on September 4, 2018, and was sentenced to a fine of seven million won on February 9, 2018 and a summary order of five million won on November 24, 2017 due to the same crime.

On October 4, 2020, at around 06:46, the Defendant driven a franchise-free vehicle under the influence of alcohol 0.097% of alcohol while under the influence of alcohol from about 4km to the route of oil route located in 645-18 in the line of Kusan-Eup, Sinsan-Eup in the same city.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the second written protocol concerning the examination of the suspect against the defendant;

1. The circumstantial statement report made by the driver in charge, and the images of CCTV CDs entered in the inquiry as a result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes written in three copies, such as a reply to inquiry, and a copy of judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity) shows the form of recognizing and reflecting the crime from the time when the second investigation was conducted by the police.

However, in addition to the previous criminal records of the defendant's decision three times, the history of punishment for driving under drinking has been more than twice, and the drinking volume of the crime of this case is considerably high.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the disposition.

It is so decided as per Disposition for the above reasons.