Defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On March 9, 2009, the Defendant driven a motor vehicle while under the influence of alcohol of 0.127% on a 0.127%, and was sentenced to a summary order of KRW 3 million on June 4, 2009, by a fine of KRW 4 million for the same crime under the influence of alcohol level 0.07% on October 29, 2015 (Seoul District Court Decision 2009No34).

(2015 Highest 7006) On April 2, 2020, the Defendant driven a rocketing passenger car under the influence of alcohol by 0.113% in a section of about 800 meters from the C middle school located in C from the front line of C C to the front road of C, from April 2, 2020.

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. Notification of the control of drinking driving;

1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, and 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drunk driving increases, it is necessary to impose heavy responsibility on drinking drivers.

As seen earlier, the Defendant was punished twice as a crime of violating the Road Traffic Act. On February 22, 2002, the Defendant driving a motor vehicle under the influence of alcohol level of 0.160% on February 22, 2002, and detained another person at night, and is sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act and a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on October 18, 2002.