[criminal history] On August 30, 2007, the Defendant was sentenced to imprisonment for 8 months with prison labor due to a violation of road traffic law at the Suwon Friwon, and was sentenced to imprisonment with prison labor for 6 months in the same court on July 2, 2009.

[2] Although Defendant 1 had been punished on two or more occasions due to drinking driving, Defendant 2 driven a DNA cargo vehicle under the influence of alcohol leveling 0.220% while under the influence of alcohol leveling 0.220% on the road front of Suwon-si, Suwon-si, around October 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

There is no record of criminal punishment for driving under drinking from six months to six months after the defendant was sentenced to imprisonment for driving under the influence of alcohol in 2009.

There is a need for the defendant to support the undecent father's health.

Circumstances unfavorable to the defendant are as follows:

The defendant caused an accident while driving under the influence of 0.220% alcohol concentration in blood.

The defendant has a record of criminal punishment twice, including imprisonment with prison labor, due to drinking driving, as stated in the judgment of the court.

In 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and 1.5 million won as a result of driving without a license in 2009 and was sentenced to imprisonment with prison labor for 1.5 million won due to the violation of traffic laws and regulations.

The above circumstances are different from the Defendant’s age, sex, career, and environment.