[criminal power] On October 31, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on the same day, and a fine of KRW 4 million for the same crime in the same court on January 2, 2015, and one year of suspension of execution for six months for the same crime in the same court on November 10, 2016, respectively.

【Criminal Facts】

On March 21, 2020, at around 02:28, the Defendant driven the E-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (verification of suspect driving and driving records without license), and the application of Acts and subordinate statutes related to attached materials;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, and all factors of sentencing as shown in the argument of the instant case, including the circumstances after committing the crime.

Unfavorable circumstances: A person who already was sentenced to a fine in 2014 and 2015 due to a drunk driving, and was sentenced to a suspended sentence of imprisonment in 2016, and had repeatedly been sentenced to a high level of blood alcohol concentration without being subject to a suspended sentence of imprisonment. In addition to the Defendant'sless driving power over four times, it is difficult to find such Defendant's respect for traffic regulations and compliance consciousness, and therefore, it is inevitable to punish a heavier punishment.