[Criminal Power] On August 11, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On August 4, 2019, at around 18:54, the Defendant driven an Epoter 2 cargo vehicle while under the influence of alcohol concentration of about 0.142% from the 1km section to the front parking lot of the military apartment D-dong in the military, Busan Metropolitan City, the Defendant driven an Epoter 2 cargo vehicle from the side of the B apartment in the military, Busan Metropolitan City.

Accordingly, the Defendant violated the Road Traffic Act not less than twice the prohibition of driving under the influence of alcohol as provided by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes (verification of criminal records of the same kind as a suspect and period of suspension of execution);

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. It is recognized that the crime of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the reason for sentencing. However, since 2000, the defendant was punished once by a fine for a drunk driving, a fine for a single time due to drinking and a unlicensed driving, an accident involving a person while driving under the influence of alcohol, and one time as a result of the suspended sentence of imprisonment. In particular, the crime of this case is committed before the suspended sentence of the above imprisonment is imposed, and the blood alcohol content content exceeds 0.142%; the defendant's age, character and conduct, family relationship, the circumstances after the crime, etc. are considered.