[criminal power] On June 8, 201, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 8, 201, and a summary order of KRW 1.5 million for the same crime in the same court on July 6, 2011, and was sentenced to two years for a suspended sentence of imprisonment with prison labor for the same crime in the same court on November 27, 2015.

【Criminal Facts】

On July 17, 2020, at around 23:30, the Defendant driven a C-A-hurd motor vehicle with a blood alcohol concentration of about 0.134% in a section of about 200 meters from the front of a mutually influent cafeteria to B around the road located in the Yari-dong, Pakistan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 Act is that the Defendant has a variety of records of driving under the influence of alcohol, and since he/she had already been sentenced to a suspended sentence of imprisonment, he/she did not run under the influence of alcohol again for not less than five years after the sentence was sentenced, it is inevitable for the Defendant to be sentenced to punishment.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the fact that he/she is not subject to a sentence, the fact that he/she seems to clearly have a social relationship, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, health status, family relationship, means and result of the crime, etc., and various sentencing