A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 10, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the first instance military court at the Army, the first instance court at the Army, and was sentenced to a summary order of KRW 1 million for the same crime at the Seoul Southern District Court on April 14, 2015; on April 17, 2015, the order of KRW 5 million for the same crime was issued on April 17, 2015; and on September 30, 2016, the Defendant was sentenced to a suspended sentence of KRW 5 million for a fine of KRW 5 million for the same crime.

【Criminal Facts】

On April 13, 2020, at around 23:34, the Defendant driven a DNA low-speed vehicle with approximately 0.122% of alcohol concentration in the section of about 500 meters from Jongno-gu Seoul to the Seoul Jongno-gu Road.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. The actual condition survey report and each photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation status (verification of criminal records), each detection report, judgment, and application of each summary order Acts and subordinate statutes;

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. It is recognized that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the fact that the Defendant still has a young and supported family, and that the pertinent drinking driving did not lead to a large-scale accident.

However, this case's drinking alcohol level is high and the pentice was sentenced to a fine due to an accident that occurred due to drinking driving in 2009, and in particular, since the defendant was sentenced to a fine due to an accident due to drinking driving in 209, he has repeated driving and driving without a license, and the records of punishment due to the previous drinking driving of this case, including the suspended sentence of imprisonment, are four times in total and two times in total, and the two times in which the previous drinking driving of this case had escaped.