A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On July 13, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on July 13, 2017. On July 20, 2017, the Seoul Western District Court was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 2, 2020, at around 05:14, the Defendant driven a cargo vehicle loaded in the Etex Etccur friger, while under the influence of alcohol leveling about 0.210% from the 5km section from the front of Eunpyeong-gu Seoul Metropolitan Government to the front of the D upper point located in Seoyang-gu Seoul Metropolitan City, Seoyang-gu, Seoul to the front of the D upper point.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written appraisal of blood alcohol;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of two copies of judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant has a variety of records of driving under the influence of alcohol, and since he/she had already been sentenced to a suspended sentence of imprisonment, he/she did not run a motor vehicle again for three years after the sentence was sentenced, it is inevitable for the Defendant to be sentenced to punishment.

However, considering the fact that the defendant stated that he/she is against the facts charged, the fact that he/she does not have to be sentenced to punishment, etc. in favor of the defendant, the defendant's age, character and conduct, health status, family relationship, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the argument