[criminal history] On March 3, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), a fine of three million won for the same crime in the same court on April 22, 2008, a fine of seven million won for the same crime in the same court on September 7, 2011, a fine of two million won for the same crime in the same court on September 11, 2013, two years for imprisonment and suspension of execution in the same court on September 11, 2013, and six months for the same crime in the same court on November 3, 2016, respectively.

[Criminal facts] On July 19, 2020, the Defendant driven a Fland knife vehicle at approximately 2 km from the front Do in the 17:45 blood, to the front road in D in the same city, while under the influence of alcohol level of 0.076%, at the same time, while driving the Fland knife vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: References to inquiries, such as criminal history, written judgments, and copies of each summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities is that the Defendant’s blood alcohol concentration at the time of the instant case was relatively low.

However, on the other hand, even though the Defendant was sentenced to imprisonment with prison labor for ten years (including suspension of execution) including imprisonment with prison labor for the same kind of crime in 2016, the Defendant again committed the instant crime. In addition, the Defendant’s age, sex, environment, motive, background, means and consequence of the instant crime, and all of the sentencing factors in the instant trial process, including the circumstances after the commission of the crime, shall be determined as ordered by taking into account the following factors.