A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 15, 2010, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Changwon District Court on September 15, 2010, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the same court on May 27, 2013, and on July 14, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (driving).

On April 22, 2020, at around 23:03, the Defendant driven an E-to-purd motor vehicle in the direction of approximately 500 meters of blood alcohol concentration of about 0.130% in the section of 500 meters from the front of the C cafeteria located in Kimhae-si B to the front of the same Dollra.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., written judgments, and summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. It is reasonable to consider that the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects his/her wrongness.

However, considering the fact that the Defendant, even before the instant case, was punished twice as a result of refusal of drinking alcohol measurement or a fine by a drunk driving, even though the Defendant was punished once a suspended sentence of imprisonment with prison labor, the blood alcohol level at the time of the instant driving is very high to 0.130%, and the blood alcohol level at the time of the instant driving is very dangerous criminal that may lead to the life of another person, it is inevitable to strictly punish the Defendant.

The punishment as ordered shall be determined by comprehensively taking account of the following factors, including the Defendant’s age, environment, background of the instant crime, circumstances after the instant crime, etc. and all the sentencing factors shown in the arguments and records.