On January 8, 2015, the Defendant was sentenced to two years and six months of imprisonment due to a violation of road traffic law in the Jinwon District Court's Jinju branch, and was sentenced to ten months of imprisonment due to a crime of assault, etc. at the Changwon District Court on May 11, 2016, and completed the execution of each of the above punishment in the Busan Detention House on March 14, 2018. On September 28, 2018, the Defendant appealed after being sentenced to one year and six months of imprisonment with prison labor for intimidation, etc. at the Changwon District Court's Jinwon District Court's Jin Branch branch on September 28, 2018.

On January 16, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Jinju Branch's Branch on January 16, 208, and was sentenced to imprisonment with prison labor for the same crime in the same court on January 8, 2015.

On June 22, 2018, at around 07:40, the Defendant driven a FK5 car under the influence of alcohol with approximately 0.105% alcohol concentration in the 1km section from the front of the headquarters located in D at Jeju to the front of the headquarters located in D at Jeju.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of previous records, etc.), and application of Acts and subordinate statutes on personal confinement status;

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. Although Articles 53 and 55(1)3 (Confessions and reflects) of the Criminal Act are under the period of repeated crime for the reason of sentencing, the punishment is determined as ordered by taking into account all the circumstances such as the defendant’s age, sex, environment, and circumstances after the commission of the crime, the fact that the defendant recognized the crime and reflects the fact that there is a criminal case in the appellate trial, and other circumstances that are conditions for sentencing, such as the defendant’s age, sex, environment, and conditions after the crime.