On January 24, 2008, the defendant was sentenced to a fine of 700,000 won as a crime of violating road traffic law (drinking driving) at the Gangseo branch of the Chuncheon District Court on January 24, 2008, a fine of 2 million won as a crime of violating road traffic law (drinking driving) at the Busan District Court on October 6, 2009, and on July 6, 2012, the defendant was sentenced to a suspended sentence of 8 months for a period of 2 years.

On April 2, 2017, around 06:27, the Defendant driven a BM3 vehicle under the influence of alcohol content of approximately 15 km from the front of the “SM3 vehicle” located in the Seopo-dong, Seopo-dong, Busan, to the front of the “B-do-do-ro Stack,” located in the lower end of the same Gu, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Reduction and Punishment are not only two times due to drinking driving, but also one fine due to driving without a license. In 2012, the Defendant again went to commit the instant crime even if he/she was sentenced to a suspended sentence due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (driving) in 2012.

Although the time period during which the instant drinking was controlled was 6:27 minutes from the new wall, the Defendant had drinking for a considerable period of time after making the drinking, the Defendant had no intention to drive the drinking in light of the Defendant’s blood alcohol concentration.

It is also difficult to see it.

Therefore, it is difficult to achieve the purpose of punishment with the sentence of fine or suspension of execution.

Since the sentence of imprisonment is determined, considering the fact that the defendant seems to reflect on his/her gender, the age, sex, environment, motive and means of the crime, and the circumstances after the crime are committed.