[criminal power] On December 18, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on December 18, 2012, and on November 27, 2013, the same court was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 22, 2016, the Defendant driven B-car from the B-lane located in Busan-dong to the 3km road located in Busan-dong to the 123-8 Dongsan-dong, as the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.166% on September 22, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes;

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

1. In light of the fact that the instant crime was committed in a state of drinking driving and driving without license under the Act on Special Cases concerning the Settlement of Drinking and Traffic Accidents once, one time due to a normal drinking driving unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation (hereinafter referred to as the following favorable circumstances), and even though there was a history of criminal punishment once due to the violation of the Act on Special Cases concerning the Settlement of Drinking and Traffic Accidents, the Defendant committed the instant crime in a state of multiple drinking, in addition to the aforementioned punishment history, the Defendant was subject to criminal punishment once due to driving without license and without license. In addition, the Defendant’s age, health status, character and behavior, environment, background leading to the crime, circumstances after the crime, etc., the punishment as set forth