A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 19, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and KRW 4 million for the same crime from the Daejeon District Court’s astronomical Branch on August 27, 2012. On September 14, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the same crime.

【Criminal Facts】

On April 26, 2020, at around 03:00, the Defendant driven a car in B Coh with approximately 0.145% of blood alcohol content in the section of about 10km from the front of a cafeteria located in the Seocheon-gu Busan Metropolitan City, Seocheon-gu to the trip road adjacent to the second multiple trip of the electric field located in the same city, Seocheon-gu, Seoul Metropolitan City.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement on the handling of reports on internal investigation and 112 reported cases;

1. The circumstantial statement of the employee;

1. Investigation report (Attachment to a report on the result of crackdown on driving control);

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);

1. The crime of the same kind of crime is committed despite the repeated attitude of the court with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (in particular, in 2017, the person was not among those who have caused personal accidents due to drunk driving). Considering the risk of the crime of the instant case (the long-distance driving while being in force), a strict punishment is inevitable.

The punishment shall be determined as per the order, taking into consideration all the circumstances that conditions for sentencing, such as the defendant's age, environment, character and conduct, and circumstances after crimes.