【The Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on May 15, 2012. On August 6, 2012, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on August 6, 2012. On September 16, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

【Criminal facts” around September 22, 2018, around 23:32, the Defendant driven Csch motor vehicle under the influence of alcohol concentration of approximately 0.198% from the 40m section in front of the mutual influent restaurant in Yeonsu-gu Incheon Metropolitan City to the front road of the same Gu’s B apartment.

As a result, although the Defendant had been punished more than twice due to the violation of the Road Traffic Act, he was driving a vehicle in a state of retoxicated.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc. related to the same kind of force as the suspect);

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

1. The Defendant may not be subject to the sentence, on the grounds that the sentencing of Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act for the reduction of the amount of punishment was committed for the same kind of criminal records as the sentencing of Article 55 subparag. 3 of the Criminal Act, and the criminal records before the suspension of execution

However, since the defendant is against the defendant and is not driving distance, the amount of punishment shall be reduced, and the amount of punishment shall be determined in consideration of the drinking volume, the motive and circumstances of the crime, etc.