On May 6, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on May 6, 2010, and was sentenced to a suspended sentence of one year for the same crime in the same court on June 8, 2012, and was sentenced to a suspended sentence of two years for the same crime, and was in violation of the prohibition of driving under the influence of alcohol at least twice.

On May 18, 2019, at around 16:32, the Defendant driven a DNA car with a blood alcohol concentration of about 0.238% while under the influence of alcohol from about 20km to the front road of Ansan-si, Ansan-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the record of measurement of drinking alcohol, report on the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Application of inquiries, such as criminal records, investigation reports, and statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the reason for sentencing choice of imprisonment; 2004; and 2010; and the reason for punishment of a fine for drinking driving in 2012; and a drinking driving in 2012.

In consideration of all circumstances, such as the fact that a traffic accident involving personal and material damage was committed, and that the person was faced with a prior post that suspended the execution of imprisonment even though he/she escaped, and that the blood alcohol concentration is very high to 0.238%, the punishment as ordered shall be determined.