[Criminal Power] On June 9, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of the Road Traffic Act in the support of the Southern District Court in the Jeonju District Court.

【Criminal Facts】

On November 11, 2019, at around 15:55, the Defendant driven a ewing-III cargo vehicle with approximately 800 meters alcohol concentration of 0.171% while under the influence of alcohol in the section of about 800 meters from the vicinity of the cooperative located in the Namwon-si B to the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Investigation report (report on the circumstances of a drinking driver) and notification of the results of the control of drinking driving;

1. On-site photographs and investigation reports (on-site photographs of black stuffs).

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: The sentence shall be determined in the same way as the order is, taking into account the following circumstances as a year of imprisonment, comprehensively taking into account the defendant's age, environment, motive for committing a crime and circumstances after committing a crime, and taking into account various factors of sentencing specified in the arguments in this case.

In light of the fact that drinking driving is a crime that may cause serious damage to another person's life, body, or property, and that the statutory punishment has been continuously aggravated due to social harm caused thereby, changes in the people's legal sentiment, etc., there is a need to strictly punish it.

Although the defendant had been punished for a drunk driving crime for the last three years, he committed the crime of this case.

At the time of the crime of this case, the defendant's blood alcohol concentration was high, and the risk of drinking driving was realized by the defendant causing a traffic accident.

In the light of the attitude in this Court, etc.