[criminal power] On May 2, 2008, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act (driving) and a fine of 3 million won for the violation of the Road Traffic Act (driving), at the same court on September 14, 2010, at the Gwangju District Court on February 15, 201, to a suspended sentence of 2 years for 4 months due to the violation of the Road Traffic Act (driving) at the Gwangju District Court on February 15, 201, and on September 26, 201, to a suspended sentence of 1 year for 2 years for the violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on September 26, 2013.

【Criminal Facts】

around 01:30 on February 9, 2020, the Defendant driven an E QM6 vehicle while under the influence of alcohol with approximately 5km alcohol concentration of about 0.220% from the 5km section from the front road of Sinpo City B to the front road of Sinpo City C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the control results of driving under the influence of alcohol, report on the circumstantial statements of a drinking driver, and investigation report;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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 for discretionary mitigation is that the Defendant was sentenced to two times a fine due to drunk driving, and that two times a suspended sentence of imprisonment was committed, but the Defendant repeated the drunk driving.

In light of the above criminal records and the degree of driving (0.220%) and the social risk of drunk driving, it is necessary to punish the defendant strictly.

In the above circumstances, the punishment shall be determined as ordered in consideration of the overall sentencing conditions shown in the records and pleadings, such as the age, character and conduct, environment, family relationship, etc. of the defendant.