A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 30, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s Net Branch, and on May 30, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch, and on December 30, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch.

【Criminal Facts】

On June 29, 2019, at around 06:50, the Defendant driven a D 5-car while under the influence of alcohol level of about 7 km from the G apartment parking lot in Gwangju Northern-gu to the roads near Gwangju Northern-gu C, with approximately 0.121% alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of court rulings and 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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as shown in the criminal records in the judgment of the criminal defendant, and the sentence of imprisonment is imposed in light of the fact that the blood alcohol level of this case is high. However, the punishment is determined as ordered by comprehensively taking account of the motive and circumstance of the crime in this case, the circumstances after the crime, the defendant's family relationship, the health condition, the possibility of recidivism, and various conditions of sentencing as shown in the oral proceedings.