On July 31, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (Refusal of measurement) at the Daejeon District Court on July 31, 2006. On September 9, 201, the Defendant was sentenced to a suspended sentence of two years for a year.

On November 24, 2019, at around 03:00, the Defendant driven an EM7 vehicle while under the influence of alcohol content of about 0.107% at a section of about 700 meters from the front of the Da-dong B World War B, to the front of the D Pharmacy located in C.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of the drinking driving control;

1. Statement of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that at the time of the instant crime, the Defendant’s blood alcohol content exceeds 0.107%, and thus, the risk of traffic accident was high. As such, the illegality of the crime is serious.

In addition, the defendant has been punished three times due to drunk driving in the past.

In particular, on September 9, 201, this Court committed the instant crime even though it had been sentenced to one year of imprisonment and two years of suspended execution for the same crime.

In light of the above criminal records, it is necessary to punish the defendant with heavy punishment to prevent the defendant from committing the crime of drinking alcohol.

Therefore, the sentence is to be imposed on the defendant, and the favorable circumstances such as the recognition and reflection of the defendant's crime of this case are considered, and the age, family relationship, and family relation of the defendant.