[criminal power] On October 11, 2012, the Defendant was sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving) at the Busan District Court. On September 13, 2013, the Defendant was sentenced to a summary order of KRW 6,00,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court. On November 29, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 28, 2020, at around 00:50, the Defendant driven C-wing Cargo Vehicles with approximately 00 km alcohol concentration of about 0.201% in the 20km section from the front road of the Busan Jin-gu B building to the Ginhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the past against a suspect);

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 conditions under Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, economic situation, motive for committing the crime and the circumstances after committing the crime, following the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

The current Road Traffic Act has been amended to achieve the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving, eradicating the social damage caused by drunk driving, and establishing a traffic order.

Drinking is likely to lead to a traffic accident if a drinking driving is conducted by affecting people's physical ability, and drinking driving is also likely to lead to a traffic accident, and the risk of recidivism is high.

The criminal records of all defendants are caused by drinking driving.

The defendant shall be punished four times for drunk driving, including the previous conviction in the judgment.