On April 3, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 3, 2015, and on May 16, 2017, the Defendant was sentenced to imprisonment for one year and two years of suspended execution.

On July 21, 2019, at around 19:05, the Defendant driven a B ASEAN A6 car under the influence of alcohol with approximately 0.167% alcohol concentration at approximately 20km from the 20km section of the Seoul Yangyang Highway to the point where it is located in Seoyang-si, Namyang-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection and arrest of a violation of the Road Traffic Act, a report on the situation of driving under drinking, a report on the results of the control of drinking driving, an inquiry into the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the same type of power, relevant summary orders, and attachment of written judgments);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. On May 16, 2017, the Defendant was sentenced to a fine due to a violation of the Road Traffic Act (driving) around 2015, and committed the instant crime even after being sentenced to a suspended sentence of imprisonment due to a crime of violation of the Road Traffic Act (driving) and a special intimidation, as stated in the judgment of the court below, and committed the instant crime.

The criminal facts before the above suspended sentence refer to the vehicle of another driver who has taken care of raising the level of the defendant's failure to drive properly due to the influence of alcohol while driving under the influence of alcohol at a level of 0.134% of blood alcohol content.