A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 30, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court, and on December 26, 2013, the same court issued a summary order of KRW 5 million for the same crime, etc. on December 26, 2013, and on December 10, 2015, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime, etc. on December 10, 2015, and on April 29, 2016, the Defendant was sentenced to imprisonment of one year and two months for a crime of fraud, etc. at the same court on July 14, 2017.

【Criminal Facts】

On February 16, 2019, at around 00:50, the Defendant driven a D low-speed car with a blood alcohol content of 0.131% under the influence of alcohol at approximately 26 km from the cmate parking lot located in Gangnam-si B to the 34.8km away from the cmast of the East Sea Highway, which is located in the direction of the Gangseo-si city.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a suspect in violation of the Road Traffic Act;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on criminal records of a suspect and confirmation of repeated crimes)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

1. Even though the criminal history of sentencing under Article 35 of the Criminal Act, which was punished for drunk driving has been several times, the Defendant also driven under the influence of alcohol during the period of repeated crime.

The distance of blood alcohol concentration high and the distance of drinking driving is also reasonable.

In addition, considering the age, character, conduct, environment, health conditions, the circumstances leading to the crime, means and results of the crime, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, the punishment as ordered shall be determined.