[criminal power] On February 1, 2008, the defendant had a record of being sentenced to a fine of three million won in the same court on June 24, 2004 due to a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on February 1, 2008. A person who had been sentenced to a fine of three million won in the same court on November 13, 2000 due to a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 23, 2019, at around 00:40, the Defendant driven a F K7 car under the influence of alcohol content of about 0.190% at the section of approximately 1.3 km from the road front of the Fice House C, which is located in D, to the front of the E in the same city.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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 Code for discretionary mitigation has a record of having been punished several times for the same kind of crime, and among them, the crime of this case was committed again despite the record of having been punished as a suspended sentence of imprisonment.

In light of the fact that the defendant's awareness of drinking driving seems to be significantly lacking, and that there is a social consensus that strong punishment for drinking driving is necessary due to measures against high risk of recidivism of drinking drivers and the seriousness of traffic accident damage caused by drinking driving, it is inevitable to punish the defendant strictly.

However, the defendant's age, character and conduct, environment, family relationship, motive and motive of the crime are considered as favorable circumstances in which the defendant led to the confession of the crime of this case.