[criminal power] On November 23, 2007, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court for a crime of violation of the Road Traffic Act (driving). On February 25, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime. On March 25, 2015, the Defendant was issued a summary order of KRW 8 million for the same crime. On June 15, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 million for the same crime.

【Criminal Facts】

On March 14, 2020, at around 01:37, the Defendant driven B rocketing car under the influence of alcohol level of about 0.114% from the 21km section to the 14.8km point in Daegu-gu Office Highway from the front of a mutually influence restaurant located in Masan-dong, Gwangju-gu to the 14.8km point in Gwangju-gu Highway.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Copy of the circumstantial statement of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power), and application of Acts and subordinate statutes of the judgment;

1. Relevant Articles of the Act on Criminal Facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, the grounds for sentencing of imprisonment with prison labor are recognized to have a mistake by the defendant, and the fact that the defendant does not repeat after receiving alcohol addiction treatment is favorable to the defendant.

However, even though the defendant had a record of 7 times punishment due to drunk driving, he/she committed the instant crime by drinking alcohol, with a high blood alcohol level, driving on an expressway, and the defendant's age, character and behavior, environment, occupation, occupation, family relationship, motive and consequence of the instant crime, and other various sentencing factors as shown in the process of the trial, such as the circumstances after the crime, shall be determined as per the order, comprehensively taking into account the following factors.