[Criminal Power] The Defendant is a person who has been sentenced to a suspended sentence of two years in October 2, 2016 in the Young-gu Branch of the Chuncheon District Court on February 2, 2016 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 19, 2019, at around 14:55, the Defendant driven a DNA car with a blood alcohol concentration of about 0.208% while under the influence of alcohol at the 2km section from the front of the Gangseo-gun, Gangwon-do, to the front of the same military road.

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 occurrence of a traffic accident, a traffic accident report, a field photograph, a report on the results of the control of drinking driving, a report on the circumstantial statement of a drinking driver, an investigation report, a report on the control of drinking driving, an inquiry into the results of the control of drinking driving, and a written statement of the occurrence of a

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car about 2 km while under the influence of alcohol with a blood alcohol content of 0.208%.

In addition, the defendant was sentenced to a fine of one million won due to drinking driving in 2005 and a traffic accident during drinking in 2016 and was sentenced to a suspended sentence of two years in October.

However, considering the fact that the defendant shows a reflective figure by recognizing the crime, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case.