On December 18, 2012, the Defendant was sentenced to a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act, etc., and on October 11, 2013, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Ulsan District Court for a violation of the Road Traffic Act.

On August 7, 2018, at around 23:25, the Defendant driven a DNA-low vehicle with approximately 200 meters alcohol concentration of 0.112% without a vehicle driver’s license in the section of approximately 200 meters from the Do prior to the “B” restaurant located in Ulsan-gu to the front road of the “C Hospital” located in Ulsan-gu.

Accordingly, even though the defendant has been punished more than twice due to the violation of the Road Traffic Act (driving), he was driving the franchise vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records and summary orders of identical crimes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. The reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act are divided after the Defendant committed the crime. However, even though there are many criminal records including drinking, unlicensed driving, and escape vehicles, etc., they again committed the crime of this case during the same period of probation even though they had been subject to punishment two times of the probation (in addition to the previous conviction in the judgment, the defendant has been sentenced to imprisonment for six months with prison labor for non-licensed driving, escape vehicles, etc. at the Ulsan District Court on February 17, 2017, and two years of suspended sentence) and other conditions of sentencing as shown in the records, such as the age, occupation, character, character, family relation, living environment, circumstances after the crime, etc. of the defendant and other traffic participants, it is inevitable to sentence the same sentence as the order against the defendant as well as other traffic participants.