[criminal power] On August 28, 2012, the Defendant was sentenced to a fine of 4 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 17, 2014, and a fine of 5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 17, 2014, and on December 17, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act at the Gwangju District Court on December 17, 2015. On June 29, 2017, the Defendant was sentenced to a imprisonment of 10 months for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 25, 2018.

【Criminal Facts】

On January 2, 2020, at around 22:05, the Defendant driven a B-class cargo vehicle with blood alcohol concentration of about 0.147% from a section of about 3 km to the roads of the Health Insurance Review and Assessment Service, which are located in the New-dong of Gwangju Mine-gu, to the roads of the 210th Jin-si, the Defendant driven a B-III truck with blood alcohol concentration of about 0.147%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to investigation reports (verification of the previous period and repeated crime period);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation include not only the history of punishment several times as stated in the criminal records in the judgment of the defendant, but also the fact that the defendant committed the crime of this case during the repeated crime period, and the blood alcohol content of this case also high, etc., the sentence of imprisonment with prison labor is imposed on the defendant; however, the defendant is recognized to commit the crime; the following factors are taken into account: the motive and background of the crime of this case; the circumstances after the crime; the defendant’s family relationship, health status, possibility of recidivism, and various conditions of sentencing as shown in the oral proceedings