A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 7, 2007, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch, and was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 20, 2010, and on May 21, 2015, the Defendant was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving). On April 10, 2018, the Daegu High Court sentenced the Defendant to a punishment of 4 years for a violation of the Child Welfare Act (hereinafter referred to as the "Child") and completed the execution of the

【Criminal Facts】

On July 24, 2020, at around 00:40, the Defendant driven B rocketing car with a blood alcohol content of about 0.102% under the influence of alcohol from around 4.5km to the front road, from the road where it is impossible to know the location below the new town Dong-dong, Seogu, Daegu, Seogu, Seogu, Seo-ro 29-ro 3, Seogu, Seogu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of suspect drinking records), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 35 of the Criminal Act among repeated offenders who choose to impose imprisonment, for the crime, and for the choice of punishment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has been four times the criminal defendant was punished for drunk driving prior to the instant case, and the criminal defendant re-offendered during the period of repeated crime.

The defendant's blood alcohol concentration is also 0.102% higher.

Although the defendant's final penalty power has passed a certain period of time in 2010, it is difficult to evaluate that the defendant's efforts to not repeat the crime for a long time is difficult considering the period of imprisonment imposed upon the defendant, the interval between the period of imprisonment and the period of imprisonment after release, etc.

In this regard, taking this into account.