In Daejeon District Court, on August 12, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million for the same crime on September 24, 2011. On May 2, 2018, the Defendant was sentenced to imprisonment with prison labor for 10 months and a suspended sentence of two years on May 10, 201 and the judgment became final and conclusive on May 10, 2018.

On September 19, 2018, the Defendant driven EM7 vehicles under the influence of alcohol content of 0.068% while under the influence of alcohol content of 0.068% without obtaining a driver’s license from around 02:32 around the Seo-gu Daejeon Island to the front roads of D in Seo-gu, Daejeon.

As a result, the Defendant, who violated the prohibition on drinking 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. A written statement;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, the ledger of driver's license, the details of crackdown, and each photograph;

1. Previous records of judgment: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of crime records);

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act applicable to the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Formal concurrence and the choice of punishment under Article 40 of the Criminal Act, and the choice of imprisonment;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are favorable to the following: (a) the Defendant recognized the error of the Defendant and scraping vehicles, etc.; (b) supporting the children who are preparing employment; and (c) the alcohol concentration in the blood of this case is relatively low.

However, considering unfavorable circumstances, such as the fact that the Defendant was punished three times due to drinking driving, in particular, re-offendered in a month in which the judgment of suspension of execution became final and conclusive, the circumstances leading to driving are deemed unnecessary even if considered, and the distance of driving is not short, no sentence may be imposed on the Defendant.

However, in the event that the sentence is finalized.