A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 17, 2008, the Defendant was notified of a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's application for wood application, and a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court on December 5, 2008, respectively. On October 25, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution.

【Criminal Facts】

On October 1, 2020, at around 05:11, the Defendant driven an EM5 vehicle under the influence of alcohol with approximately 700 meters alcohol concentration of about 0.158% from the 700m section to the front road of the Dridge in the Asan City B apartment road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of the occurrence of the case, inquiry into the result of crackdown on drinking driving, ledger of use of a drinking measuring instrument, circumstantial statement of a drinking driver, and field photograph;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (applicable to the same type of judgment and copies of summary orders);

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 Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect his/her mistake.

There was no accident.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The level of blood alcohol concentration measured is considerably high, and the risk of the act is high, such as the expense for diving on the road while driving under the influence of alcohol.

Above all, since the defendant was sentenced two times to a fine due to drinking driving after 200 and one time to suspend the execution of imprisonment, the defendant committed the crime of this case at the same time, so it is inevitable to sentence sentence.

In addition, the defendant's age, character, character and environment, and environment.