[criminal history] On September 15, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Ulsan District Court. On January 25, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 million for six months in imprisonment with labor for the same crime, etc., and on June 13, 201, the Ulsan District Court sentenced a fine of KRW 1 million for the same crime, respectively. < Amended by Act No. 11883, Jun. 13, 2013>

[Criminal facts] On April 10, 2018, the Defendant driven C 5 vehicles under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.165% from the front way to the front day of the East-gu, Ulsan-gu, Ulsan-do, Ulsan-do to the front day of the two parallels in the same Dong.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of judgment on driving alcohol), each summary order and copy of judgment, and the application of Acts and subordinate statutes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reason for sentencing”), despite the fact that the defendant had been punished for driving under drinking at least two times, has committed the instant crime of the same kind, and the nature of the crime and the fact that the defendant committed the instant crime of the same kind, the defendant’s blood concentration is considerably high, and the defendant has been punished five times due to the same kind of drinking, and there are significant records of having been punished five times due to the same kind of drinking. In particular, on January 25, 2011, the violation of the Road Traffic Act (driving), the violation of the Road Traffic Act (non-licensed driving), the violation of the Road Traffic Act (non-licensed driving), and the offender was sentenced to a suspended sentence of six months of imprisonment for the crime of aiding and abetting him/her, and driving under drinking again during the suspension period.