A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On June 22, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment due to a violation of the Road Traffic Act (Refusal of measurement), etc. in the Gwangju District Court’s net support on July 2, 2016, and the same electricity was seven times in total. On May 29, 2019, the Gwangju District Court sentenced six months of imprisonment due to indecent act by force, etc., and completed the execution of the said sentence in the Gwangju District Court on August 16, 2019.

【Criminal Facts】

On March 16, 2020, at around 12:12, the Defendant driven a Fsch Rexroth car in the state of alcohol alcohol concentration of about 300 meters from the front of the C cafeteria located in Gwangjin-si B to the D apartment E-dong parking lot in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. CCTV video recorded CDs;

1. Previous records: Criminal history records and other inquiries, each summary order, judgment, and application of Acts and subordinate statutes to inquire about the current status of confinement of suspects;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the Defendant was sentenced to a suspended sentence of imprisonment for more than 2016 on account of the same criminal conduct, and in particular, the instant crime is within the repeated crime period due to the dual criminal conduct. The Defendant’s blood alcohol concentration at the time of the instant case exceeds 0.2%, and the Defendant’s background and age, character and behavior, environment, drinking driving distance, and the circumstances after the instant crime, etc. shall be determined by comprehensively taking account of all the factors of sentencing as indicated in the instant trial process, including the following factors.