[criminal power] On October 7, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on August 7, 2003. On August 28, 2006, the Defendant issued a summary order of KRW 2.5 million for the same crime at the same court on August 28, 2006, and on August 30, 2010, the Defendant issued a summary order of KRW 4 million for the same crime, etc. on August 30, 2010, and issued a summary order of KRW 7 million for the same crime at the same court on November 26, 2015.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on April 14, 2018, at around 14:05, the Defendant driven Cchobbbbbs with approximately 0.075% alcohol concentration from around 5 meters to the parking lot of the Defendant’s dwelling from the front of the Defendant’s dwelling in Yasan-si B to the Defendant’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions in judgment: Investigation report (Attachment of summary orders of the same kind as A of a suspect), criminal history records, and application of statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation appears to be erroneous by the defendant. However, considering the fact that the crime was committed intentionally after a traffic accident and driving under the influence of alcohol is very poor, and the fact that the defendant again committed a crime even though the past record of punishment for driving under the influence of alcohol has been four times or more, it is inevitable to punish the defendant strictly.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.