On June 5, 2009, the Defendant was sentenced to four months of imprisonment by this court due to a violation of the Road Traffic Act (drinking driving), and on April 17, 2013, the Seoul High Court sentenced the Defendant to six months of imprisonment due to a violation of the Road Traffic Act (drinking driving). On October 16, 2013, the Defendant completed the execution of the sentence in the Chuncheon prison.

On March 12, 2016, the Defendant, while drinking alcohol content of 0.108 percent of the blood transfusion around 07:00, driven a new-art-car in a section of approximately 400 meters from the front day of the new-art club located at 367, Chuncheon-si, to the same city-port teachers distance.

Accordingly, the defendant, who violated the prohibition of 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. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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

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

1. The Defendant’s reason for sentencing under Articles 53 and 55 subparag. 3 of the Criminal Act (hereinafter the following grounds for sentencing) is to reflect in depth his/her mistake, and not re-concept against such a crime.

Along with the fact that there is room for consideration, some of the "the previous convictions of drinking not less than twice" constituting the crime of violating the Traffic Act of this case, which constitutes the crime of violating the Road Traffic Act (drinking not less than twice) is a favorable circumstance such as the fact that it was cut before the enforcement of the Road Traffic Act that aggravated punishment.

On the other hand, in light of the risk and social harm of drinking driving, there is a need to punish the crime of drinking driving of this case, and the defendant commits the crime of this case within the repeated crime period due to the same kind of crime, and the defendant has already been punished twice as well as two times of punishment.