On December 26, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court’s Branch Branch on December 26, 2008, and on April 17, 2013, the Incheon District Court sentenced the Defendant to imprisonment for eight months and suspended execution for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 17, 2013, and was sentenced to a fine of KRW 5 million by the Incheon District Court on February 7, 2014.

On June 15, 2015, at around 05:05, the Defendant driven a motor vehicle with a gallon in the state of alcohol with approximately 2 km section from around 319-3, 319-3, YY-dong, Suwon-si, Busan-si, Seoul-si, while under the influence of alcohol by 0.169% of alcohol concentration.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though the power of driving a motor vehicle is twice or more, once again driven the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and photographs of control sites;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. In light of Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, the Defendant was punished several times as a drunk driving, and the Defendant committed the instant crime again even if he was sentenced to a fine of KRW 5 million from the court while driving under the suspension of the execution of imprisonment with prison labor due to drunk driving, while driving under the influence of alcohol, and was sentenced to a fine of KRW 5 million from the court, and the Defendant’s blood alcohol concentration on a relatively high level, it is inevitable to sentence the Defendant.

Provided, That the punishment shall be determined as per Disposition in consideration of the age, character and conduct of the defendant, circumstances after the crime, etc., such as the confession of the defendant.