[criminal power] The Defendant was sentenced to a fine of five million won for the same crime at the Ulsan District Court on November 4, 2008, and was sentenced to a suspended sentence for six months for the same crime in the same court on October 26, 2012.

【Criminal Facts】

On October 21, 2018, at around 20:37, the Defendant driven C Lastren car in the state of alcohol alcohol concentration of about 0.095% in the middle-gu B apartment in front of the Ulsan-dong Office in Ulsan-gu, Ulsan-do.

As a result, the defendant had been punished for drunk driving more than twice but has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was a dangerous crime that caused two accidents by driving (the blood alcohol concentration recorded in the facts of prosecution was measured two hours after the occurrence of the accident).

The defendant has been punished for a drunk driving four times even before, and three times during a drunk driving, which causes a person to be injured by a traffic accident during a drunk driving.

The punishment as ordered shall be determined by taking into consideration the circumstances, such as the fact that the accused repents the crime, that no one is any other due to an accident, and that the last previous conviction is more than six years.