[criminal power] The defendant was sentenced to 8 months of imprisonment, 2 years of suspended execution, and 2 million won in the Seoul Eastern District Court on March 28, 2008 as a fine for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on November 4, 201; 2 million won as a fine for a violation of the Road Traffic Act (driving) at the same court on November 4, 201; and 2 million won as a person who was sentenced to 8 months of suspended execution and 2 years of imprisonment for a violation of the Road Traffic Act on November 22, 2013 at the same court on November 30, 201.

【Criminal Facts】

On June 20, 2015, the Defendant driven D's low-income car under the influence of alcohol content 0.187% in front of Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu under the influence of alcohol content 0.187%.

As a result, the defendant violated the Road Traffic Act more than twice, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was that the Defendant was punished several times by drinking-driving acts in the past, and the Defendant was sentenced to a suspended sentence twice during the crime of drinking-driving.

Since the crime of drinking driving of this case was committed during the period of suspension of the above execution and it is judged that the defendant cannot expect the prevention of recidivism with the main sentence alone, the punishment shall be determined as ordered.