On March 23, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act by the Ulsan District Court for the following reasons: (a) on December 16, 2015, the Defendant was sentenced to a summary order of 5 million won for a violation of the Road Traffic Act; and (b) on September 14, 2018, the same court was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act.

On June 17, 2020, at around 21:30, the Defendant driven a Dick vehicle with a blood alcohol content of about 0.204% in a section of about 50 meters from the road in front of the Nam-gu B market to the road in front of the above B market.

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

Summary of Evidence

1. The defendant's legal statement, the oral statement, the circumstantial statement, and the blood alcohol appraisal statement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of punishment under law] Imprisonment with prison labor for one year or two years and six months [the sentencing guidelines] are not set. [Pronouncement] Imprisonment with prison labor for one year or more, the defendant’s age, family relation, growth process, character and behavior, living environment, circumstances and results of the instant crime, and all of the sentencing conditions indicated in the records and arguments of the instant case, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.

D. Unfavorable circumstances: a dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished seven times due to a drunk driving, and he/she is subject to suspended execution on three occasions among seven times of the above drunk driving, and is subject to suspended execution on three occasions among seven times of the above drunk driving.