On August 28, 2006, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Seoul Central District Court on September 20, 2006, and a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting driving), etc. at the Seoul Western District Court on September 20, 2006, and was sentenced to a summary order of KRW 4 million on July 14, 2015 by the Seoul Western District Court on July 14, 2015, and completed the execution of the sentence at the Seoul Southern District Court on January 2, 2016.

On September 24, 2018, at around 00:10, the Defendant driven the Ewing-III truck, while under the influence of alcohol content of about 0.118% in blood, from the front road of Seodaemun-gu Seoul Metropolitan Government to the front road of D apartment, the Defendant driven the Ewing-III truck.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the fact of crime during the period of repeated crime), investigation report (the previous record confirmation), personal confinement status, judgment text, and summary order-making statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Normal circumstances in favor of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The driving of a drinking after 2006 does not have any record of being sentenced to punishment due to drinking, the driving of a drinking has no record of being sentenced to punishment due to mistake, and disadvantageous circumstances that recognize and reflects the fact that there was a record of punishment including punishment due to drinking or non-licenseing: A crime committed during the period of repeated offense due to a violation of the Road Traffic Act (non-license) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; all of the sentencing conditions specified in the theory of records and changes, such as the defendant's age, sexual behavior, family relationship, and circumstances before and after the crime;