[Criminal Power] On September 28, 2009, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on September 28, 2009; on March 21, 2012, the Defendant was issued a summary order of KRW 6 million due to the same crime; on December 7, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

【Criminal Facts】

On December 25, 2019, at around 00:15, the Defendant driven an E-to-purd motor vehicle with a blood alcohol concentration of about 0.105% under the influence of alcohol in the section of about 1km from around 00:15 to the front of D in C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect A criminal records and confirmation of criminal records);

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times the criminal records of punishment for the same kind of crime; the previous penal records are the punishment of imprisonment with prison labor; the previous penal records are the punishment of suspended execution; the crime in this case was committed again even after one year has passed since the termination date of suspended execution; the degree of blood alcohol level belongs to higher level; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and the conditions for all the sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined by taking into account the following factors.