[criminal power] On December 18, 2001, the Defendant was sentenced to a fine of 3.5 million won for the crime of violation of the Road Traffic Act (driving) in the Chungcheong District Court's Assistance, etc. on November 12, 2004, in the same court on November 12, 2004, the imprisonment of 10 months and 2 years for the same crime, etc. at the Cheongju District Court on February 8, 2007, the imprisonment of 8 months for the same crime, etc. at the Cheongju District Court on April 5, 2007, on April 6, 2007, the Defendant was sentenced to imprisonment of 1 year and 2 years for the same crime, etc. at the same court on April 6, 2012, and the execution of the sentence was terminated from March 29, 2015.

【Criminal Facts】

On August 10, 2016, at around 19:30, the Defendant driven a C Poter Cargo Vehicle under the influence of alcohol content of about 0.170% at a section of about 3.5km from the vicinity of “Matju” store located in the Chungcheongnam-si Culture Complex of Chungcheongnam-si to the “Sarigggro” parking lot located in 276 (Training-dong) as the same Chungcheong-si.

As a result, the defendant was punished not less than twice for the violation of the Road Traffic Act (driving) and was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and report on the detection of a drinking driver;

1. Requests for appraisal;

1. On-site photographs;

1. Investigation report (report on confirmation of distance driven by a suspect), and materials printed out of NAV map;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports, investigation reports (report on confirmation of the same kind of suspect power and repeated crime records), copies of judgment, and personal confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Circumstances unfavorable to reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant has a record of having been punished several times due to drunk driving.