[criminal power] On May 23, 2008, the Defendant was sentenced to a suspended sentence of one year and six months for a period of imprisonment with labor for a violation of the Road Traffic Act at the Jeju District Court on April 23, 2008, and a suspended sentence of two years for a period of six months for the same crime in the same court on July 28, 201.

【Criminal Facts】

On July 24, 2016, at around 21:02, the Defendant driven a DK5 car at a level of 500 meters from the front day of Jeju City C to the front day of the Large Track-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (attached reports, such as a written judgment, etc.);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Discretionary mitigation: The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is not only that the defendant has been punished twice for the same crime, but also that the defendant was punished twice for the same crime like the record of criminal records in the judgment.

판시 2011년 범죄전력의 경우 1심에서 실형이 선고되었으나, 피고인이 음주 후 상당 시간의 수면을 취하고 술이 깼을 것으로 오인한 나머지 운전을 한 것이어서 경위에 참작할 만한 사정이 있다는 등의 이유로 항소심에서 징역형의 집행유예로 감형된 사정도 있다.

Nevertheless, the Defendant committed the instant crime at another time, and when comprehensively considering that the blood alcohol content level was driven in a considerable drinking state, such as 0.127%, 0.156%, 0.180%, and 0.251%, even in the case of the foregoing criminal records of the same kind of crime, the Defendant is a criminal act that exposes the general public with a large risk.