[criminal power] On July 17, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 17, 2013; on March 4, 2016, the Incheon District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) respectively; on May 17, 2018, the Defendant was sentenced to imprisonment for four months at the Seoul Central District Court on May 17, 2018; and on June 7, 2018, the said judgment was released to a revocation of detention at the Seoul District Court on June 22, 2018, and the execution of the said sentence became final and conclusive on August 22, 2018.

【Criminal Facts】

On April 10, 2019, at around 22:40, the Defendant driven an E-car under the influence of alcohol content of about 0.109% from the section of approximately 30 meters, which is located in the same Gu C from the window Bel of Changwon-si, to the front road of the Dcar Center.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Previous convictions in judgment: Criminal records, judgment, summary order and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is determined as ordered in full view of various sentencing conditions, including the Defendant’s age, character and conduct, Defendant’s blood alcohol concentration (0.109%) and the content and circumstances of the instant crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The defendant has been punished three times for the same crime, and the defendant has completed imprisonment with prison labor due to driving without a license and has committed the crime of this case.

A favorable circumstance: The Defendant shall commit the instant crime.