[criminal power] On March 31, 2017, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act. On June 14, 2018, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years on June 22, 2018, which became final and conclusive on June 22, 2018.

【Criminal Facts】

On March 14, 2019, at around 05:00, the Defendant driven a B Eccoo motor vehicle under the influence of alcohol content of approximately 0.05% from the 1km section to the roads near the parking lot for middle parks located in Gwangjubuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: Inquiry reports, summary orders, and application of statutes governing judgment;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. As stated in the records of criminal records in the judgment of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the defendant has already been punished two times or more, and the decision of imprisonment is inevitable in that he/she is engaged in driving under the influence of alcohol even though he/she is under the suspension of execution due to the violation of the Road Traffic Act, and the decision of imprisonment is inevitable in that he/she is engaged in driving under the influence of drinking under the influence of alcohol.

However, considering the relatively low blood alcohol concentration and the short distance of drunk driving, etc. in favorable consideration, the punishment shall be determined as ordered by comprehensively taking into account various circumstances, such as motive, place and distance of drunk driving, circumstances after the crime, Defendant’s age, character and conduct, environment, and family relationship.