[criminal power] On September 14, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime, etc. on April 13, 2007 at the Mancheon Branch Branch of the Gwangju District Court. On August 24, 2007, the Defendant was sentenced to a suspended sentence of five months for the same crime. On September 30, 201, the Defendant was sentenced to a summary order of KRW 3 million for the same crime at the Macheon Branch Branch of the Gwangju District Court. On August 17, 2016, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime at the Seoul Central District Court.

【Criminal Facts】

On 17:40 on 17:0 on 02. 05, the Defendant driven an Estststun vehicle under the influence of alcohol level of about 0.139% on the 600-meter section from the front of Pyeongtaek-si B to the front of D in the same city.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Reports on traffic accidents as a result of the drinking driving control, reports on traffic accidents, and photographs of the accident site;

1. Investigation report (Calculation of blood alcohol concentration);

1. Records of judgment: Criminal records, confirmation of criminal records of the same kind of crime, judgment, and summary order;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] is that the defendant reflects the instant crime.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

The defendant shall be punished three times by a fine due to drunk driving, and two times by a suspended sentence of imprisonment.