[criminal power] On February 25, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on January 22, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court for ten months.

【Criminal Facts】

The defendant is a person who drives a combined vehicle B.

On March 13, 2019, while under the influence of alcohol 0:43%, the Defendant driven the said vehicle at approximately 500 meters from D bottom E fishing place located in Gwangju Mine-gu C to the front of the F apartment of the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the report on the status of the employer driver);

1. Criminal records: Inquiry reports, written judgments, and application of summary order statutes;

1. Relevant legal provisions regarding criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the reasons for sentencing choice of imprisonment are multiple criminal offenses against the defendant.

In particular, the defendant has already been punished for drinking driving several times, and during that period, it includes the record of having been sentenced to punishment for causing traffic accidents while driving without a license for drinking and driving under the influence of alcohol and the record of having been sentenced to punishment for committing a traffic accident which causes a traffic accident while driving under the influence of alcohol.

Nevertheless, the defendant is sentenced to punishment in that not only the defendant has been engaged in driving under the influence of alcohol but also the blood alcohol concentration at the time is high.

In addition, various circumstances that form the conditions for sentencing, such as the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and conduct, and the environment, shall be comprehensively taken into account.