[criminal power] On September 21, 2009, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Changwon District Court, and on September 2, 2011, the same court was sentenced to a suspended sentence of two years for October due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on August 12, 2015, the Defendant was sentenced to a suspended sentence of eight months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 04:40 on January 26, 2020, the Defendant driven DK7 automobiles from approximately 150 meters away from the roads where the Plaintiff was under the influence of alcohol with a 0.051% alcohol concentration at a 0.051% alcohol level, and instead, on the roads where the Plaintiff was in the mutual influence located in B, to the said Cel parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the status of driving under drinking, and the notification of the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of two-yearly Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation (unfair circumstances favorable to the following) was already sentenced to a two-time suspended sentence due to drinking driving, etc. on August 12, 2015, the instant crime was committed again on August 12, 2015, and the instant crime was committed again even after being sentenced to a suspended sentence due to drinking driving on August 12, 2015, and at the time of being sentenced to a suspended sentence on August 12, 2015, the instant crime was committed again at the time of being sentenced to a suspended sentence on August 12, 2015, stating that “The execution of the sentence shall be suspended only once, but if the same act is repeated once in the future, there is no longer preference if it is repeated.” (see, e.g., Changwon District Court Decision 2015DaMa884, Aug. 12, 2015).