[criminal history] On November 19, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on January 30, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court. On October 7, 2013, the Defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act at the Cheongju District Court. On March 20, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Suwon District Court on March 20, and on June 14, 2017, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act.

[Criminal facts] On October 6, 2020, around 15:31, 2020, the Defendant driven E C200 bent vehicles under the influence of alcohol leveling about about 70 meters from the street in front of Jincheon-gun, Jincheon-gun, to the front roads in D in the same Gun C, while under the influence of alcohol leveling about 0.332%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, written appraisal and report on the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to judgment related to the same type of power);

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of volume are as follows: (a) even though he/she had been sentenced to a suspended sentence of imprisonment for a total of three times due to drinking driving, he/she repeats the crime of the same kind or different crimes; (b) the defendant's blood alcohol concentration is very high; and (c) the defendant's distance between each crime is inevitable to be sentenced to imprisonment with prison labor.

However, the defendant's age, gender, and others are against the defendant's recognition of the crime.