【Criminal Power】 On October 11, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act in Gyeyang Branch of the Jung-gu District Court as of October 1, 2007, and on December 24, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime.

【Criminal Facts” around 14:10 on June 25, 2019, the Defendant driven the E-Wz car under the influence of alcohol with approximately 400 meters alcohol concentration of approximately 0.279% from the 400-meter section in the front of the D apartment, Goyang-dong, Yongsan-gu B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

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 shows the attitude of reflecting the Defendant’s wrong recognition.

After the instant crime, efforts are made to prevent recidivism, such as finding a hospital by themselves after having been diagnosed with the military after alcohol dependence, and commencing medical treatment.

However, although the defendant had had been punished four times due to drinking driving (three times of fine and one time of suspension of the execution of imprisonment), he again committed a crime of driving under the influence of alcohol, and the blood alcohol concentration at the time is very high as 0.279%, and there is a high possibility of criticism as well as high risk of recidivism.

Furthermore, it is necessary to strictly punish the defendant in order to protect the general public who is exposed to the risk of repeated drinking driving of the defendant.

The above circumstances and other developments, driving distance, past crimes of drunk driving, and this case.