On March 2, 2016, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws (drinking driving), and on August 11, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court, which was sentenced to a suspended sentence of two years on August 19, 2016.

On June 29, 2018, while under the influence of alcohol content of 0.173% during blood transfusion around 23:09, the Defendant driven a B straw car with approximately 50 meters of alcoholic content up to the tin distance at the port of tin in the same Sinung-si located in the same Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

1. The defendant has been subject to punishment several times due to drinking or non-licensed driving even before the reason for sentencing of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act applicable to the relevant criminal facts and the selective punishment of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act.

In particular, there are three times the years of punishment for suspended execution since 2008, and the crime of this case was committed by the defendant under the influence of 0.173% of alcohol concentration during the suspended period due to the same kind of crime.

Since there is a high possibility of criticism for the accused and high risk of recidivism, it is necessary to punish the accused strictly.

However, if detention of the defendant is long-term due to family members who should support the defendant, it seems that the defendant will cause excessive difficulty to the family members. The defendant seems to have done a faithful social life except the habitive wall for drinking and driving without a license, and many of the defendant's wife and family members appeal their wife, and the defendant's disposal of the vehicle in favor of the fact that he would not drive drinking again while disposing of the vehicle.

The above circumstances are included.