[criminal history] On October 15, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court, and was sentenced to a summary order of KRW 3 million for the same crime in the same court on May 9, 2011. On March 28, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on March 28, 2013.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven C K3 cars under the influence of alcohol at about 0.152% in the 1km section from October 14, 2017 to 20, from the front side of the first apartment house located in the old-si Gao-dong in the old-si Gao-dong around 00:40 on October 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. The defendant's re-competences on the grounds of sentencing in Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount.

However, the defendant has already been subject to criminal punishment four times, including imprisonment for one time due to driving of alcohol.

At the time of the instant case, the alcohol concentration among the blood of the Defendant is relatively high.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.