On December 2, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on December 2, 201, and was sentenced to imprisonment with prison labor for the same crime on September 27, 2013 and two years of suspended execution.

On August 21, 2018, at around 23:40, the Defendant driven a FM5 vehicle under the influence of alcohol with approximately 0.138% alcohol concentration in blood from the section of approximately 7 km from the street of the front side of the Dongbcheon-si, Yangju to the front side of the two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of weight is that the Defendant driven a motor vehicle with a relatively high alcohol content of 0.138% in blood, and that the Defendant committed a crime under the control of the investigation agency dispatched to the investigation agency with a report of a third party, who became aware of the Defendant’s driving of alcohol, by means of a report by the third party. Thus, the risk of the instant crime was high.

In addition, the defendant has been punished three times due to drinking driving.

In particular, on September 27, 2013, even though there was a record of the judgment sentenced to imprisonment of 8 months for the same crime and suspended execution of 2 years for the same crime, the crime of this case was committed again.

In light of the records of the crime and the contents of the crime in this case, it is deemed that the criminal tendency of the defendant's drinking driving is significant, and the punishment of the defendant up to his attitude is insufficient to prevent recidivism.

Therefore, in order to achieve the special preventive effect against the defendant, a sentence shall be imposed on the defendant, and the defendant recognizes all of the crimes of this case and reflects them.