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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Criminal facts
On March 22, 2005, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on August 27, 2009, a summary order of KRW 1 million for the same crime in the same court on December 4, 2013, a summary order of KRW 3 million for the same crime in the same court on December 1, 2014, and a summary order of KRW 7 million for the same crime in the same court on December 1, 2014. On August 14, 2020, the Defendant was sentenced to a summary order of KRW 7 million for a fine for the same crime in the same court on August 22, 2020.
On December 12, 2020, the Defendant was driving a two-wheeled vehicle with alcohol level of 0.204% from 0.204% in blood, from nick B to 3 km in the nearest of 300 meters in the same time from nick direction E 300 meters in the same time.
Summary of Evidence
1. The defendant's legal statement report on the situation of the driver who takes the driving, inquiry of the results of crackdown on drinking driving, and the driver's license register of the motor vehicle;
1. A detailed statement of the processing of reported cases;
1. Previous conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, such as criminal history;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a history of criminal punishment on several occasions due to driving of alcohol, etc. on August 14, 2020, in particular, even when the defendant was sentenced to one year and two months of imprisonment with prison labor due to driving of alcohol, etc. on August 14, 2020, and two years of suspended execution, repeated the act of driving a two-wheeled vehicle without the motor device license for only four months. The criminal responsibility is very heavy.
Therefore, the sentence of sentence corresponding to the criminal liability is inevitable for the defendant.
(b).