On April 14, 2016, the Defendant was sentenced to a suspended sentence of two years on June 2, 2016, for the violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court, and the judgment became final and conclusive on April 22, 2016.

On December 2, 2016, the period of the suspension of execution, the Defendant was sentenced to one year and six months of imprisonment for a special crime of injury, etc. in the same court, and the said suspension of execution became null and void, which became final and conclusive on April 1, 2017. While the Defendant was released on May 21, 2018 and was released on parole on September 22, 2018, the remaining term of imprisonment was expired on September 13, 2018, and the said judgment became final and conclusive on June 21, 2019, upon being sentenced to eight months of imprisonment for a special crime of injury by the same court on June 13, 2019.

On May 29, 2019, around 01:17, the Defendant driven a DNA car with a blood alcohol concentration of about 0.123% in the section of approximately 15km from the front of Seoyang-gu, Seoyang-gu B to the front of the Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Results of the search by prisoners, criminal records, inquiry reports, criminal investigation reports (Attachment to the same type of judgment), written judgments (2019Sang847), application of Acts and subordinate statutes to the details of inquiry into cases;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is that the defendant has been punished for the same kind of crime, such as drinking, driving without a license, and measures not yet taken after the accident;

Nevertheless, the crime of this case was committed while driving under the influence of 0.123% of the blood alcohol concentration again during the period of repeated crime.

In particular, the defendant was indicted for committing a crime of special assault (absent District Court 2019Dadan847) that assaults another person while in possession of excessive amount of money and is not familiar with the situation where the sentencing date is notified.