On March 10, 2016, the Defendant sentenced ten months to imprisonment for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 10, 2016, and completed the enforcement of the sentence on October 6, 2016.

On September 20, 2019, at around 23:30, the Defendant driven a DNA rocketing car under the influence of alcohol concentration of about 0.128% from the 2km section to the roads located in the same city B, from the 2km road near the Nowon-dong nuclear security center in the Gu-si, Nowon-si to the roads located in the same city B.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, court rulings, and other Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is large (5 times a fine including refusal to take a negative figure, 5 times a suspended sentence of imprisonment, one time a suspended sentence of imprisonment, and one time a suspended sentence of imprisonment). The previous offense committed during the suspended sentence of imprisonment due to a drunk driving, and the instant case committed during the period of repeated offense.

Blood alcohol concentration is also high.

Health conditions (the operation and treatment process due to chronic extracting infections, etc.) and family relations were considered as favorable sentencing factors.