A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 6, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on July 16, 2010, issued a summary order of KRW 3 million for the same crime at the Gwangju District Court, and on September 8, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime at the Gwangju District Court.

Around 05:41 on January 31, 2020, the Defendant driven a B QM6 passenger vehicle, and operated the section from Gwangjin-gu, Seoul to the same Gu C, with a blood alcohol concentration of 0.145%.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), and application of each of the statutes governing the judgment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Imprisonment with prison labor for a period of one year to two years;

2. In light of the fact that the Defendant, after 2009, was sentenced to punishment three times in total (two times a fine and one time a suspended sentence of imprisonment) due to a violation of the Road Traffic Act (driving) since then, he/she committed the instant crime at the same time, and that drinking water is considerably high, the Defendant’s liability for the instant crime is very heavy and is highly likely to be subject to criticism.

Considering the above circumstances, it is inevitable to punish the Defendant with severe penalty equivalent to his/her liability.

However, the circumstances favorable to the defendant, such as the defendant's acknowledgement of the crime of this case and reflects his mistake, are also considered.