[criminal power] On June 28, 2016, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the application of the Gwangju District Court for the wood application of the Gwangju District Court.

【Criminal Facts】

At around 17:00 on August 24, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.091% from the 4km section from the 17:00 on the roads in front of the Southern-gun, Chungcheongnam-gun, Seoul-do, to the roads in front of the Jeonan-gun, Seoul-do.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, notification of the results of the crackdown on drunk driving, investigation report (with respect to any statement made by any reporter), and investigation report (specific information, such as the last negative time and distance of movement of any suspect);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes governing judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant repeats drinking even though he/she had a lot of records of punishment including punishment due to drinking driving. In light of the criminal records, the degree of drinking, social danger of drinking driving, etc. of such defendant, it is necessary to strictly punish the defendant.

In the above circumstances, the punishment shall be determined as ordered in consideration of the overall sentencing conditions shown in the records and pleadings, such as the age, character and conduct, environment, family relationship, etc. of the defendant.