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

Punishment of the crime

On January 12, 2009, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Changwon District Court. On September 4, 2009, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime. On April 28, 2015, the Defendant was sentenced to a suspended sentence of 2 years for one year for a violation of the Road Traffic Act in the Changwon District Court’s Musan Branch for the same crime. On August 14, 2018, the Defendant completed the suspended sentence of 9 months and a fine of KRW 600,000 for a crime of interference with business.

Although the Defendant had been punished for drunk driving as above, on June 20, 2020, the Defendant was under the influence of blood alcohol concentration of 0.187% at around 15:30 on June 20, 202, the Defendant driven the E body-man vehicle from the public parking lot B in Hanam-gun, Hanam-gun to C’s front road located in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Requests for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes by making inquiries into the current status of confinement by individuals and criminal records;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine three times due to a drunk driving (2001, 2005, 2009), one time to suspend the execution of imprisonment (2009), and one time to suspend the suspension of the execution of imprisonment (2015) due to refusal to take a drunk driving (201).

In the blood alcohol concentration of 0.187%, the state of exploitation is also serious.

The special crime is a crime of a ducity, and the responsibility for committing the crime is more heavy during the period of repeated crime.

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