[criminal power] On September 19, 2008, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court. On November 23, 2009, the Defendant was sentenced to a fine of 2 million won for the same crime in the same court. On July 22, 2016, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violation of the Road Traffic Act (driving) at the Jungyang Branch Branch of the Seoul Western District Court.

【Criminal Facts】

On March 25, 2020, at around 00:11, the Defendant driven a DNA car under the influence of alcohol by 0.059% in the section of approximately 8.5m of alcohol alcohol concentration from the front of the amamamo-ray in the Eunpyeong-gu Seoul Metropolitan Government to the front of the convenience store in the Gyeonggi-gu Seoul Metropolitan City, Seoyang-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the statement on the state of drinking drivers;

1. 112 Reporting case management table;

1. Previous records of judgment: Criminal records, inquiry reports 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 had a variety of records of drunk driving, and since he/she had already been sentenced to a suspended sentence of imprisonment, his/her sentence is inevitable on the grounds that he/she had a re-driving.

However, considering the fact that the defendant stated that he/she is against the facts charged, the fact that he/she does not have to be sentenced to punishment is considered as favorable to the defendant, and the defendant's age, character and conduct, health status, family relationship, means and result of the crime, etc., the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the arguments