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

Punishment of the crime

[criminal power] On January 18, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 1,500,000 for the same crime from the same court on July 2, 2010. On October 18, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

【Criminal Facts】

On November 24, 2019, the Defendant, while under the influence of alcohol 0.149% on blood alcohol level on November 24, 2019, driven a DSS5 car from around 1km section from the roads in Gwangju Mine-gu, Gwangju Mine-ro 171-gil 112, the same Gu Fire Safety Association, located in 171-gil 112, to the roads in front of the Gwangju Southern District Office.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about blood alcohol, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiries about criminal records, copies of written judgments, etc.;

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. Discretionary mitigation of sentencing under Articles 53 and 55(1)3 of the Criminal Act requires strict punishment for repetitive drinking driving in light of the social risks, etc. of the crime of driving under influence of alcohol.

However, the defendant had been already punished three times prior to the crime of this case, and one time of the crimes, which led to a traffic accident, driving a vehicle under the influence of drinking without reflectivity, and it is difficult to see that the defendant's risk of recidivism is low. In light of this, it is difficult to sentence the defendant through a minor sentence until this time.

In addition, the blood alcohol concentration, the background of the drinking driving, the distance and place of the drinking driving, the details of the crackdown, the last record of the drinking driving, and the crime in this case.