[Criminal Power] On October 22, 2010 and June 26, 2012, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 5 million from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished twice as a crime of violation of the Road Traffic Act, on December 16, 2018, while under the influence of alcohol concentration of 0.089% on the blood alcohol level, the Defendant driven the FSS7 car from the front of the Cbank located in Gwangju Mine-gu B to the front of the E elementary school located in the same Gu D from approximately 500 meters to the front of the E elementary school located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the drinking driver and the statement of the circumstances of the drinking driver;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter “the reason for sentencing”) lies in several criminal records, and the sentence is inevitable in that the defendant, while driving without a license in the year 2014, caused a traffic accident and the person’s injury by causing a traffic accident, and the defendant, even though he had already been placed prior to the suspended sentence, was engaged in driving under the influence of alcohol.

다만, 피고인이 밤에 마신 술이 깼을 것으로 생각하고 아침에 초등학생 자녀들을 등교시키기 위해 차를 운전하다가 이 사건 범행에 이르게 되었다는 점에서 범행 동기에 다소 참작할 만한 사정이 있으므로 작량감경하고, 그 밖에 음주운전을 한 장소 및 거리, 혈중알콜농도, 범행 후의 정황, 피고인의 나이, 성행, 환경 등 양형의 조건이 되는 여러 사정들을 종합적으로 고려하여 주문과 같이 형을 정한다.