On November 28, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Goyang Branch of the Jinyang District Court on November 28, 2008. On January 26, 2010, the Defendant was issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (drinking driving). On May 18, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (dacting driving) at the Goyang Branch of the Jinyang Branch of the District Court on March 26, 201. On June 26, 2014, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (dacting driving).

On January 26, 2017, around 15:10, the Defendant driven C concrete pumps vehicles under the influence of alcohol content of about 0.314% at the section of approximately 5km from the front of the Gangnam-gu Seoul Samsungdong, Yongsan-gu, Seoul and up to the roads near the mountain direction in the Han River, Seo-gu, Yongsan-gu, Seoul and the Hannam-do North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on the same criminal record as the suspect A) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as stated in the judgment before the Defendant: (a) was sentenced to a fine for a traffic-related crime, such as drinking and refusal of drinking, and (b) was sentenced to a suspended sentence even though six months have passed since the expiration of the period of the final suspended sentence even though the Defendant was placed prior to the suspended sentence; (c) the Defendant lacks awareness of complying with the traffic laws and regulations by driving alcohol; (d) even if the degree of physical constitution and the state of drinking differs depending on the degree of body body and the state, it is apparent that the alcohol affects the person’s ability to determine the state and exercise; (c) the blood alcohol concentration in blood obtained by the breath measurement was 0.177%; and (d) the numerical value of alcohol concentration in blood obtained by blood was 0.31