[criminal power] On December 1, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving). On January 16, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million by the same court as the same crime. On September 5, 2013, the Defendant was sentenced to a suspended sentence of KRW 2.5 million by imprisonment for the same crime.

【Criminal Facts】

On December 27, 2019, at around 22:55, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.142% in the section of approximately 750 meters from the front of the Suwon-gu Suwon-si B to the front of the same Gu C, while under the influence of alcohol level of about 750 meters.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and written judgments;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, while having been subject to criminal punishment due to drunk driving five times, was driving under the instant case at the same time, and the blood alcohol concentration level at the time was significantly high.

As such, in that the same kind of crime is repeated, it seems that there is a lack of compliance spirit and safety awareness about traffic regulations, and due to this, it is not good that the crime is committed in that it could cause harm to human life and property to the brush citizens on the road.

Therefore, the sentence shall be imposed on the accused, and the sentencing conditions in the records and arguments, such as the age, attitude, environment, driving background and distance of the accused, blood alcohol concentration, and circumstances after the crime, shall be comprehensively considered.