[criminal power] On December 8, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the public support of the Daejeon District Court on December 8, 2008, and a summary order of KRW 1.5 million for the same crime in the above court on October 7, 2015, respectively. On April 28, 2017, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime.

【Criminal Facts】

On July 2, 2020, at around 03:40, the Defendant driven a F MT truck under the influence of alcohol concentration of about 0.151% at the section of about 300 meters from the front of C in the official city B to the front of E in the official city D.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Legal statement, traffic accident report, enforcement manual, report on the actual state of the driver with the employer's license, investigation report (report on the actual state of the driver with the employer's license);

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 same kind of suspect);

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 Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect his/her mistake.

Defendant

Many people around the world want the defendant's preference.

However, even though the Defendant had already been sentenced to three times of drinking driving, the Defendant committed the same kind of crime repeatedly after the lapse of three years from the past, even though he had been sentenced to a suspended sentence of imprisonment.

The blood alcohol concentration is very high, and the parked vehicle is shocked after the escape, and the circumstances are not good after the crime.

Considering such unfavorable circumstances, the sentence of imprisonment is inevitable.

In addition, the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and result of the crime, and after the crime.