[criminal power] On December 24, 2009, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Suwon District Court. On September 26, 2012, the same court was sentenced to two years of suspension of execution for the same offense of violation of the Road Traffic Act, etc. on September 26, 2012, and on December 3, 2014, the same court was sentenced to two years of suspension of execution for six months of imprisonment for a crime of violation of the Road Traffic Act, etc., and the said judgment became final and conclusive on July 9, 2015.

[Specific criminal facts] On October 4, 2016, the Defendant driven a liquid vehicle C in the drunken state with approximately 0.301% of blood alcohol concentration from the road in front of the wife population Kim-dong, the wife population Kim Yang-dong, to the road in front of the Gandong in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. of the same kind of suspect), judgments, and application of five copies of summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The defendant is sentenced to imprisonment with prison labor, considering the fact that he/she committed the instant crime during the period of suspended execution, in consideration of the fact that he/she committed the instant crime during the period of suspended execution. Article 53 and Article 55(1)3 of the Criminal Act (including two times the suspended execution of imprisonment with prison labor) of the same type of criminal records and the reason for sentencing are 4 times (including two times the suspended execution of imprisonment with prison labor).

However, the sentence shall be determined as ordered in consideration of the fact that the defendant's mistake is recognized, the circumstances of the driving of the case, the age of the defendant, character and conduct, environment, etc.