On October 17, 2008, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court, and on December 21, 2010, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime at the Suwon District Court on November 22, 2012, six months for the same crime at the Suwon District Court on November 22, 2012, and on May 16, 2017, the Defendant was sentenced to a suspended sentence of two years for the same crime at the same court.

On April 28, 2020, at around 01:10, the Defendant driven an Ediber sports car in the state of alcohol alcohol concentration of about 0.143% from the Yeongdeungpo-gu B apartment parking lot in Suwon-gu, Suwon-si to the next D convenience store in 3.5km-gu.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Records of measurement of drinking alcohol, notices of the results of regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Records of judgment: Application of criminal records, reply reports, four copies of judgment, and summary order under Acts and subordinate statutes;

1. The relevant criminal facts and the grounds for sentencing of Articles 148-2(1) and 44(1) of the Road Traffic Act with regard to the selection of punishment for the crime of this case are that the defendant, who has a record of driving under the influence of alcohol, drives under the influence of alcohol again, and the nature of the crime is not that of the re-driving under the influence of alcohol, but that of the blood alcohol concentration due to the drinking of this case is low;

The defendant has already been punished for being exposed to a drunk driving on four occasions (including a person before actual sentence or suspended sentence), and finally, the defendant committed the crime of this case for not less than three years since he was punished for a drunk driving on May 2017, and there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, and two times of the defendant's drinking driving force shall not be less than nine years from the date of the crime of this case.