[Criminal Power] On January 23, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment with labor for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On February 1, 2020, at around 02:40, the Defendant driven CMW 320d car under the influence of alcohol concentration of 0.106% from the 3rd in the spring in the city of nuclear power and from the 4.4km to the front road in the same city of nuclear power.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notifications of the results of the drinking driving control;

1. Records of judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the previous records of suspects and related judgments), related judgments, and application of Acts and subordinate statutes of summary order;

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 [The reason for sentencing] is that the defendant reflects the instant crime.

There are family members to support the accused.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Although the defendant had been punished for three times due to drinking driving, including probation, he/she again caused a traffic accident by driving under drinking.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.