[Criminal Power] On April 9, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch. On April 2, 2009, the Defendant was sentenced to a suspended sentence of two years for a year for the same crime in the same court.

【Criminal Facts】

On May 29, 2016, at around 06:51, the Defendant driven a B K7 vehicle while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.22% from the 100m section, which is located in the direction of the luxan-dong in Chungcheong City, to the front road of the luxian-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving, a circumstantial statement, and a report on the detection of drinking drivers;

1. Response to the request for appraisal;

1. A previous conviction in judgment: A reply to inquiry, such as a criminal history, investigation report (verification twice the main driving record), and application of two copies of a summary order under Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant immediately driven alcohol from around 06:0 to 15 on the day of the instant crime; and the blood alcohol concentration was very high. In light of the above drinking and driving circumstances, the defendant’s liability for the instant crime is heavy; despite the fact that the defendant had had had had had had had had had had had had had had had had had had had had had had had had been already been punished twice due to drunk driving, the defendant is judged to have high risk of repeating the instant crime at the same time: The defendant recognized the instant crime: the above circumstances and the defendant’s age, character and behavior, environment, background of the instant crime, means and consequence, etc.; the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the following circumstances,