[criminal power] On May 7, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on December 13, 2013, the same court was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On November 18, 2018, at around 23:05, the Defendant driven a e-motor vehicle under the influence of alcohol concentration of about 0.115%, so that it can be moved from the Do in front of the Gwangju Dong-gu Btel to the front roads in the same Gu C, about 10 meters.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the violation of the Road Traffic Act, the details of the control of the violation of the Road Traffic Act, and the circumstantial statement of the driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports and investigation reports (applicable to the same type of criminal records and attachment of judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 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 (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009) includes refusal to take a drinking test, the Defendant had a record of having been punished five times or more due to drinking driving, and even if having been placed prior to the suspended sentence on one occasion, he again committed the instant crime.

In addition, it is difficult to find out the mind that the defendant should observe the law, such as having more criminal records than nine times, which includes five-timeless driving.

Considering these disadvantageous circumstances, the sentence of sentence is inevitable for the defendant.

Other places and distance of drinking driving, blood alcohol concentration at the time of drinking driving, and