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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal power] On September 12, 2016, the Defendant was issued a fine of five million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on September 12, 2016, and on October 25, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court on October 25, 2017 and the said judgment became final and conclusive on November 2, 201
【Criminal Facts】
Although the Defendant had been punished for drinking driving more than twice as above, around April 24, 2019, at around 01:58, the Defendant driven an E-7 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.195% from around 1km to CDdong parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;
1. Relevant legal provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply); the Defendant’s reasons for sentencing choice of imprisonment reflects the crime; there are no other criminal records other than those subject to two times punishment due to drunk driving; however, the Defendant was sentenced to a fine in 2016; the Defendant was sentenced to a fine in 2017 to a drunk driving; the Defendant was sentenced to a fine in 2017 to a drunk driving; the Defendant was sentenced to a suspended sentence for 6 months; the Defendant was sentenced to a suspended sentence for 2 years; and the blood alcohol concentration at the time of the instant case was 0.195% and higher (in particular, the blood alcohol concentration at the time of the instant case exceeded 0.2% even if a person was punished for a drunk driving twice); the Defendant’s age, the Defendant’s family relationship, and circumstances after committing the crime.