A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on April 20, 2017, and the same court on December 21, 201 of the same year was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act, and the said judgment became final and conclusive on the 29th of the same month, and is still

The Defendant, as above, was a person who violated Article 44(1) of the Road Traffic Act more than twice on June 28, 2019, driving EW125 Oba in the section of approximately 1.5 km from the roads front of the camba in the middle-gu Daejeon, Daejeon to the roads front of the camba, under the influence of alcohol concentration of 0.155% under the influence of alcohol in blood around 03:45% on June 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report, such as attachment of judgments related to driving skills for sound driving);

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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished twice as the previous conviction in the judgment, and that the Defendant again conducted the instant drunk driving during the suspension period, and that the blood alcohol concentration in the instant case is considerably high by 0.155%, etc., it is necessary to strictly punish the Defendant in light of the following:

However, the sentence shall be determined as ordered in consideration of the favorable circumstances, such as the point against which the defendant is committed, the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances that form the conditions for sentencing as shown in the argument of this case.