[criminal power] On January 9, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on May 7, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime, etc. at the same court on May 6, 2015, and completed the execution of the sentence on November 6, 2015.

【Criminal Facts】

On September 25, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven a CFF car under the influence of alcohol by 0.109% in blood alcohol concentration from the front side of Daegu Dong-gu, Daegu to the front side of North Daegu Daegu City, which is in change in the north-gu, Nowon-gu, Seoul, the Defendant driven a CF car under the influence of alcohol concentration of 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Division: Application of one copy of the inquiry report on criminal records, written judgments, and summary order, respectively, and one copy of the confinement status of each individual;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, among others, the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime; and (b) the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of being punished for drinking driving several times, but also committed the same crime during the period of repeated crime.

A favorable normal situation: The defendant again does not commit the same kind of crime.

There was no punishment of suspended sentence or heavier due to drinking driving before the defendant committed a crime and committed a crime.