On June 12, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Incheon District Court, etc., and on July 28, 2017, the Defendant was notified of a summary order of a fine of KRW 4 million for the same crime at the same court (the date of crime: May 21, 2017). On August 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the same court and completed the execution of the sentence on December 23, 2016.

Although the Defendant violated Article 44(1)(d) of the Road Traffic Act twice, on June 26, 2017, the Defendant driven CW car under the influence of alcohol concentration of approximately 0.087% from the 300-meter section of the blood alcohol level to the front road of the point prior to the 22:24th in Gyeyang-gu, Gyeyang-gu, Incheon at around 22:14, the same day from the front road near the operation Dong of Gyeyang-gu, Incheon at around 22:24, the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (report attached to decisions on driving alcohol), investigation reports (report on confirmation of crimes during the period of repeated crime), and application of Acts and subordinate statutes to the status of personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In consideration of equity in punishment of similar cases and similar cases, it is inevitable to sentence a sentence, in a case where: (a) the circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a) have been committed on May 21, 2017; (b) the offender committed the instant crime only one month thereafter; and (c) the offender committed the instant crime at approximately one month thereafter; and (d) the offender committed the instant crime during the period of repeated crime due to the crime of injury, etc.) and equity in punishment.

In determining the term of punishment, the favorable circumstances other than the above unfavorable circumstances (the fact that the crime is recognized and the depth is reflected) and the drinking volume of this case, driving distance, the age, sexual behavior, family environment, and the circumstances leading to the crime.