A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 5, 2012, the Defendant issued a summary order of a fine of 3.5 million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on July 5, 2012, and on September 16, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for the same crime in the same court on September 16, 2015.

On July 4, 2019, at around 20:25, the Defendant driven a 3 freight vehicle owned by the Defendant, under the influence of alcohol leveling 0.072% from the 4km section from the front of the C cafeteria located in the Dolsan-gun, Seoul Special Metropolitan City, to the front of the Dolsan-ri in the same Dolsan-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the control results of drinking driving;

1. Criminal records: Application of Acts and subordinate statutes to inquiry inquiries, such as criminal records, and investigation reports (a copy of the same type of force judgment, etc.);

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. In view of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation increases citizens’ risk to traffic safety, and the necessity of strict punishment is high, the driving division is three times before and after the suspension of the execution of the sentence, etc., it is necessary to have the defendant give a firm opportunity for compliance driving by sentenceing the defendant in this case. The defendant's perception of his mistake is seriously against the defendant. The defendant's criminal records, the criminal records, the nature and risk of the crime in this case, the background and degree of the crime, the defendant's family relationship, the health status, and the possibility of recidivism, and the various sentencing conditions specified in the records and arguments in this case shall be comprehensively considered.