On July 14, 2009, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 14, 2009. On August 11, 2011, the same court was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) and a fine of 7 million won for a violation of the Road Traffic Act (driving) in the same court on May 24, 2012. On February 16, 2016, the Defendant was sentenced to imprisonment of 10 months for a violation of the Road Traffic Act (driving) and a suspended sentence of 2 years for a violation of the Road Traffic Act and 40 hours for a compliance driving lecture.

On December 23, 2019, at around 02:40, the Defendant driven a rocketing vehicle under the influence of alcohol, which is about 0.252% of blood alcohol concentration at the 10km section from the front road of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu to the front road of the Seo-gu Defendant’s home in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. An appraisal report;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Binding records of the same kind and previous judgments, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is very high in blood alcohol concentration and driving distance.

In light of the situation in which the police has controlled the defendant after the vehicle driven by the defendant is reported to drive dangerously, such as harming the central line, it is dangerous to transfer the vehicle to the defendant.

The defendant has already been able to have the influence of drinking driving, and he may also have the influence of driving without a license.

In particular, on February 16, 2016, the Defendant was sentenced to 10 months of imprisonment, 2 years of suspended execution, and 40 hours of attending a compliance driving lecture by the Incheon District Court due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving).

The defendant is not familiar with the defendant during the period of suspension of execution and is driving without a license again.