A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 11, 2008, the Defendant issued, at the Suwon District Court, a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) and the same court on March 6, 2012, a summary order of KRW 2 million as a fine for the same crime, respectively, and on August 23, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime by the same court on August 23, 201.

Around 01:09 on August 2, 2020, the Defendant driven a Fro-ray car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.148% at a section of about 100 meters from the Do in front of the bus stops in the same Gu D from the Do in Yong-si, Young-si B to the front road of the bus stops in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification to the department related to the report of occurrence (including report), the detection site photograph, and the report of 112 case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Criminal history records, inquiry reports, and application of court rulings or statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the record of driving under the influence of alcohol, re-drivings a motor vehicle, and the nature of the crime is not less exceptionally nor less than that of the crime, and the numerical value of blood alcohol concentration due to the drinking of this case is less low.

Although the Defendant had had had a history of punishment for drinking driving, etc. (including a previous conviction of suspension of execution), it is not possible to criticize that Defendant again committed the instant crime.

However, it is ordered as ordered by taking into account various circumstances, such as the defendant's recognition of the crime of this case and his mistake, three times during the influence of drinking driving of the defendant, which have passed 12 years or more from the date of the crime of this case, and the age, character, character, environment, motive and circumstance of the crime of this case, means and result, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime.