[criminal power] On April 24, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for the violation of the Road Traffic Act in the Gwangju District Court's net support on April 24, 2015, and on September 1, 2014, issued a summary order of 7 million won for the violation of the Road Traffic Act in the Gwangju District Court's net support on September 1, 2014, and there are three times of the same drinking driving power.

【Criminal Facts】

On April 5, 2019, at around 22:50, the Defendant driven a G-wing truck with a volume of about 1 km from the front of the Dudio parking lot located in B in Gwangju-si to the front of the F Hospital located in the same city, while under the influence of alcohol concentration of about 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement 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. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. A favorable circumstance is that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is against his or her will while recognizing his or her mistake.

However, the defendant has been punished several times for the same crime, and among them, he/she has been sentenced to a suspended sentence of imprisonment.

Nevertheless, the Defendant repeated the instant crime, and the blood alcohol content is also 0.204% high.

Considering these circumstances, it is inevitable to strictly punish the defendant.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the records of this case, such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and circumstances after the crime.