[criminal power] On September 25, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on September 25, 2008, KRW 2 million as a fine for the same crime from the original state branch of the Chuncheon District Court on March 22, 2010, and KRW 7 million as a fine for the same crime in the same court on June 14, 2013.

【Criminal Facts】

On June 28, 2020, at around 19:25, the Defendant driven a car in a section of about 0.064% of blood alcohol concentration, while under the influence of alcohol, from the road front of a restaurant in Gangwon-si, Gangwon-si, Seoul to the road front of the same city D, the Defendant driven a car in a section of about 400 meters under the influence of alcohol content.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records, investigation reports (verification of criminal records of the same kind of suspect), and application of Acts and subordinate statutes of Part IV of 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. In light of the fact that a sentence is inevitable, considering the fact that a person commits a second offense, even though he/she had been sentenced to a majority of punishment, due to the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, including a criminal record of suspended sentence of imprisonment

However, considering the fact that the defendant repents and reflects the defendant's mistake, the fact that a certain period has elapsed from the time of previous punishment, etc., and other circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., the punishment as ordered shall be determined against the defendant.