On July 4, 2014, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving), and was sentenced to imprisonment with prison labor for one year and three years of suspended execution on August 23, 2017 by the same court. < Amended by Act No. 1485, Aug. 23, 2017>

On June 2, 2018, around 20:45, the Defendant driven a DNA car with a alcohol level of about 4 km from around the front side of the Lamba bus terminal in Pyeongtaek-gu, Bupyeong-gu, Seoul to the front side of the C Personnel Factory in B, to a level of about 0.212% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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 (Attachment to the judgement, etc.);

1. Even before the grounds for sentencing of Article 148-2(1)1 and Article 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant has been punished several times for the same type of crime, such as drinking or non-licensed driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), and violation of the Road Traffic Act (unnecessary Measures after Accidents).

In particular, even though this Court was sentenced to a stay of imprisonment on August 23, 2017 due to an accident that causes the other driver of the vehicle and the passenger while driving the vehicle under influence of alcohol, it committed the instant crime of driving the vehicle under the influence of only 0.212% alcohol concentration in the second blood.

The possibility of criticism against the defendant is high.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.