[criminal power] On January 15, 2016, the Defendant was notified of a summary order of 1.5 million won by committing a violation of the Road Traffic Act in the Incheon District Court, and was sentenced to a suspended sentence of 2 years by the same court on August 17, 2016.

【Criminal Facts】

On March 18, 2019, at around 00:40, the Defendant driven CK5 car while under the influence of alcohol with approximately 0.125% of alcohol concentration in the 2km section near Eastdong-gu Incheon Metropolitan City from the Eastdong-gu to the front of the Namdong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (No. 19) and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act on or around August 2016, the defendant was sentenced to a suspended sentence of six months and was punished for the same crime three times. At the time of the instant case, the defendant's blood alcohol content (0.125%) is relatively high, while the defendant is against the instant crime, the defendant's personal character and behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, circumstances after the instant crime was committed, etc., and the sentence like the order shall be determined by comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, motive and method of the instant crime, and circumstances after the instant crime was committed.