[criminal power] On April 4, 2008, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) from the Daegu District Court. On November 13, 2009, the Defendant received a summary order of KRW 4 million for the same crime, etc. in the same court. On July 8, 2013, the Defendant received a summary order of KRW 5 million for the same crime.

【Criminal Facts】

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, on April 14, 2018, at around 00:05, the Defendant driven B-low-water car under the influence of alcohol content of about 0.086% from the 10km section of the Busan- Daegu Highway located in Cheongdo-gun, Busan-do, to the front road of the same expressway Cheongdo-do-do.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes of each summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been punished several times for the same kind of crime. The crime of this case is extremely poor that the defendant stops on the side of the expressway while driving his/her vehicle and drinking alcohol while taking into account the fact that the defendant's age, character and conduct, environment, motive and circumstances of the crime, etc., and other records, such as the defendant's age, character and conduct, and the motive and circumstances after the crime, etc.