A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 5, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court on May 31, 2010, KRW 2 million with the same crime, etc. at the Chuncheon District Court on February 12, 2014, and KRW 5 million with the same crime at the Suwon District Court on February 12, 2014. On August 7, 2014, the Defendant was sentenced to a suspended sentence of KRW 1 year with imprisonment with labor for the same crime, etc. at the Suwon District Court on August 7, 2014.

At around 22:55 on October 9, 2019, the Defendant driven a motor vehicle of about 10km at approximately 10km in the direction of alcohol 0.061%, while under the influence of alcohol with blood alcohol content 0.061% in the vicinity of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous convictions: Criminal records, investigation reports (Attachment to previous records, copies of written judgments, etc.), one copy of written judgments, and four copies of summary orders;

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 Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was sentenced to a fine four times due to drunk driving, etc., and a suspended sentence once, was sentenced to a suspended sentence. In addition, the Defendant was driving under the influence of alcohol in this case.

No circumstance is found to deem that there was a circumstance that the defendant could not be forced to drive at the time.

A sentence on a defendant who repeatedly drives under the influence of alcohol is inevitable even though his/her wife has been repeated.

However, it shall be reduced by taking into account the circumstances favorable to the fact that the mistake was netly observed, that the blood alcohol concentration was not high, and that no human and physical accident occurred.

The age, character and conduct, career, environment, background and result of the crime, and the circumstances after the crime, all of the sentencing conditions shown in the records and arguments of this case.