A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On March 5, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), on December 12, 2008, to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Frang Station at the Seoul Central District Court on December 12, 2008. On November 29, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking under the influence of alcohol).

[2] On October 14, 2020, the Defendant driven DN model at the section of about 500 meters from the front day of the Mayang-gu Mayang-si B to the front day of the Mayang-si Mayang-si, Annyang-si, under the influence of alcohol leveling 0.172% among the blood transfusion around 22:30 on October 14, 2020.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was punished three times by a fine due to drinking alcohol driving; (b) the Defendant was sentenced to a suspended sentence due to the refusal to measure drinking in 2013; and (c) the Defendant was sentenced to a suspended sentence due to the refusal to measure drinking; and (d) the degree of alcohol concentration in the blood transfusion of the instant case as ordered.