A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On January 10, 2014, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Young-gu Branch of the Chuncheon District Court on January 10, 2014, and on June 13, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court on June 13, 2014.

On February 18, 2019, at around 21:35, the Defendant driven a Flearning car in the state of alcohol alcohol concentration of about 0.20% from the 100-meter section from the front of the C cafeteria located in Gangwon-gun B to the front of the E cafeteria located in D.

Accordingly, the defendant, even though he had a record of punishment more than twice due to drinking driving, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, notification of the results of the control of drunk driving, and investigation report (Attachment to CCTV recording images, etc. for crime prevention);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for a period of six years to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car under the influence of alcohol level of 0.202%, and caused a contact accident.

On January 10, 2014, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act (driving). On June 13, 2014, the Defendant committed the same kind of crime in this case even though he was sentenced to a two-year probation for the crime of violation of the Road Traffic Act (driving) on June 13, 2014.

In full view of the following factors: (a) the blood alcohol concentration of such defendant; (b) the distance of driving; (c) the distance from previous punishment records; and (d) the age and character of the defendant; (b) family relationship; (c) motive and means of the crime; and (d) the circumstances after the crime