[criminal power] On July 30, 2013, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the District Court of Jung-gu on July 30, 2013. On October 24, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

On June 24, 2019, at around 14:40, the Defendant driven a motor vehicle in the direction of approximately 2.5 km of blood alcohol concentration of about 0.192% in the section of approximately 2.5 km from the front to the front road of the gas station located in Gangnam-si, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report attached to the suspect's judgments on the same kind of force, etc.);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1)1 and Article 44(1) of the same Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the former Road Traffic Act (amended by Act No. 16037); the reason for sentencing of imprisonment with prison labor requires strict punishment not only for the crime himself but also for the crime that is highly likely to threaten another person’s life and body; the Defendant was sentenced to three times of a fine due to drinking driving before the instant case and two times of a suspended sentence of imprisonment with prison labor; the Defendant had a high blood alcohol level of the Defendant at the time of drinking driving of the instant case; the Defendant’s age, character and conduct, circumstances of the crime, and circumstances after the crime, etc. shall be determined as follows the sentence.