[criminal power] On March 19, 2009, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, etc. on November 28, 2010, and a fine of KRW 1 million for the same crime was issued on November 28, 2010, respectively. On April 19, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime from the Suwon District Court’s Housing Site for the same crime.

【Criminal Facts】

On October 20, 2019, at around 13:55, the Defendant driven a E body-ray car with approximately 0.218% alcohol level from the 1km section from the front of the C cafeteria located in Pyeongtaek-si B to the D front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, statement of blood alcohol alcohol, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and investigation reports (verification of suspect records) - Application of Acts and subordinate statutes;

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 is that the defendant reflects his or her mistake, etc., and there is no extenuating circumstance in favor of the defendant.

However, it is necessary to strictly punish the drunk driving because it is a very high risk of infringing the life and property of others as well as itself.

The defendant has a record of four times punishment due to drinking driving, and among them, in the case of drinking driving in 2017, he is sentenced to imprisonment for 8 months and 2 years of suspended execution.

Nevertheless, the level of drinking alcohol is extremely high and the distance of driving is not shorter.

Considering these circumstances, no sentence may be imposed.

In addition to the above circumstances, the age, character and conduct, environment, and the process and distance of drinking run by the defendant.