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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal power] On December 12, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court, etc. On September 20, 2012, the Defendant received a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving). On July 2, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same crime by the same court.
【Criminal Facts】
On March 30, 2020, while under the influence of alcohol 0.109%, the Defendant driven Dbenz automobiles from approximately 500 meters from the front of the Gwangju Mine to the lower end of the same Gu C at around 00 meters from the 22:17th alcohol level.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions: Application of the judgment of the Gwangju District Court 2015 Godan1290, the summary order of the Gwangju District Court 2012 Goju District Court 2171, the summary order of the Acts and subordinate statutes of the Gwangju District Court 2007 High Court 28262;
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 a crime of drunk driving, not only the criminal defendant was sentenced to a suspended sentence of imprisonment as stated in the judgment of the court, but also the fact that the criminal defendant was sentenced two times as well as the suspended sentence of imprisonment, and the blood alcohol concentration of the instant case is relatively high, etc., the sentence of imprisonment is imposed on the defendant; however, the defendant is recognized to commit the instant crime; the punishment is determined as ordered by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments such as the motive and circumstance of the instant crime, the circumstances after the instant crime, the defendant’s family relationship, health status,