[criminal power] On January 3, 201, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on the summary order; on October 31, 2014, a fine of KRW 4 million was issued for the same crime; on December 5, 2019, a motor vehicle under the influence of alcohol content of KRW 0.089% was discovered while driving a motor vehicle under the influence of alcohol; on February 5, 2020, the same court sentenced two years of a suspended sentence of imprisonment for one year to the same crime, and the said judgment became final and conclusive on February 13, 2020.

【Criminal Facts】

Although the Defendant was punished or discovered as a drunk driving, on January 3, 2020, the Defendant was under the influence of alcohol concentration of 0.049% at around 20:00, the Defendant was driving a CAW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is not high in terms of the blood alcohol concentration in sentencing.

However, it is inevitable to impose severe punishment on the accused.

- The defendant was punished twice due to drinking driving, and was found to be a non-licensed driving, and the defendant was found to have received a copy of the indictment as he was discovered by the third drinking driving and the delivery of the indictment seems to have been made by the husband.

In the situation of being received, the driver was driving at once.

-the date of declaration was notified and did not appear on the date of declaration;

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.