[criminal power] On February 14, 2008, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) by the Daegu District Court. On December 11, 2015, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court. On February 23, 2018, the Defendant was sentenced to a suspended sentence of eight months for the same crime, which became final and conclusive on March 3, 2018.

【Criminal Facts】

On April 17, 2020, at around 22:08, the Defendant driven F truck under the influence of alcohol by 0.144% in the section of approximately 2 km from the front of the C cafeteria located in Daegu-gun, to the point at which approximately 19.9km is located in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and investigation report on the result of crackdown on drinking driving (Evidence Nos. 19);

1. Previous convictions: Criminal records, investigation reports (verification of the same kind of drinking record), judgment and application of Acts and subordinate statutes concerning 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 sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is based on a comprehensive consideration of the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Many of those who have been punished for the same drinking driving, and in particular, they committed the crime of this case without being sentenced to a suspended sentence of imprisonment due to drinking driving and without being sentenced to it during the suspended sentence.

The blood alcohol concentration is also high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

The sentence of this case is sentenced by the judgment of this case.