A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On December 20, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court, and on February 3, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months in imprisonment with labor for the same crime in the Ansan District Court.

【Criminal Facts】

On July 4, 2019, at around 06:15, the Defendant driven a passenger car with C low-water level under the influence of alcohol content of about 0.148 percent at the section of approximately 3 km from the front of the Nai-ro transfer road in Suwon-si, Suwon-si, to the front of the same Gu B.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: References to criminal records, investigation reports (Attachment to previous records and written judgments, etc.), application of statutes governing judgment;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished two times or more for drunk driving. In particular, even if the defendant was punished for a suspended sentence of imprisonment due to drunk driving in 2017, the defendant committed the instant crime of the same kind at the time of the lapse of five months after the period of suspended sentence expires and the period of suspended sentence expires.

In light of the fact that the defendant continues to drive alcohol in a relatively short period, it is doubtful whether there is a compliance consciousness.

In addition, although there is a single accident, the risk of the defendant causing an accident while driving under the influence of alcohol is high.

From June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, and there is a need to impose severe punishment in that he/she was making the instant drinking driving.

However, the defendant recognized the crime of this case.