[criminal power] On August 2, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on September 21, 2009, a fine of 3 million won as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on September 21, 2009, and the same court on November 16, 2012 as a crime of violation of the Road Traffic Act on October 10. On April 25, 2014, the Defendant was sentenced to a suspended sentence of 2 years and sentenced to a suspended sentence of 10 months for the same crime of violation of the Road Traffic Act. On July 26, 2015, the execution of the said sentence was terminated.

【Criminal Facts】

At around 20:30 on September 24, 2016, the Defendant driven a CranXG car with a blood alcohol content of about 0.203% from the 1km section from the front side of the cafeteria to the 3rd apartment road located in the same Eup/Myeon, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gu, Yangyang-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of repeated crimes) or Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime during the period of repeated crime resulting therefrom even though he/she had the record of having been punished several times for driving under influence of alcohol, and it is inevitable to sentence a sentence of punishment in light of the unfavorable circumstances, such as the fact that he/she committed the instant crime during the period

In determining the term of punishment, the order shall be issued in consideration of favorable circumstances such as the defendant's time of committing his/her crime and reflects against himself/herself, and other circumstances such as the defendant's age, family environment, past criminal records, and circumstances after committing the crime.