A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 15, 2008, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act at the Sungnam Branch of Suwon District Court on December 15, 2008, and on February 5, 2014, the Defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for 8 months for a crime of violating the Road Traffic Act at the Busan District Court on February 5, 2014, and on April 29, 2016 at the Sungnam Branch of Suwon District Court, the Defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for 1 year.

【Criminal Facts】

On January 14, 2020, around 19:55, the Defendant driven a C Sti-type car under the influence of alcohol concentration of about 0.199% from the 206 km section from the front of the west-si, Chungcheongnam-si, Sungnam-si to the front road of Sungnam-si, Sungnam-si.

Accordingly, the defendant violated the prohibition of drinking driving, and driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Investigation reports, reports on the situation of running a motor vehicle, reports on the handling of 112 reported cases, notification of the results of the drinking driving control, enforcement photographs, carving, black CDs;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Normal circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation: One time of a fine for drunk driving, two times of a suspended sentence of imprisonment, which are sentenced to a suspended sentence of imprisonment, and again a drunk driving; the degree of blood alcohol content is high to 0.19%; the distance of a drunk driving is high to 206 km; the occurrence of an accident is high to the extent that it is discovered as a suspected vehicle for a drunk driving on an expressway; the commission of a crime is recognized and reflected; the driving of a distance remote for a clerical error at a construction site; the health condition is not good; and the Defendant’s age, character and behavior; the environment; and the motive for the crime.