On November 26, 2009, the Defendant was sentenced to a suspended sentence of 8 months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act in the Jeonju District Court’s Eup branch on November 26, 2009. On March 20, 2013, the Defendant was sentenced to a summary order of 4 million won as a fine for a violation of Road Traffic Act (driving) at the Southern Branch of the Gwangju District Court’s Jeju District Court’s Sea Support.

On May 14, 2017, around 17:10, the Defendant driven BM5 car under the influence of alcohol level of about 0.156% from the 15km section, which is located on the roads 11-1, Doz. 11-1, Doz. of the law of Young-gun, Yong-gun, Nam-gun, the Defendant driven BM5 car in the state of alcohol level of about 0.156%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished three times prior to the instant case, including the previous conviction on driving under drinking, caused a traffic accident twice while driving under drinking; however, the Defendant again committed the instant crime without being aware of it; and the alcohol concentration in blood was high.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.