On October 15, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court and two years of suspended execution for the same court on June 17, 2015.

On April 29, 2018, the Defendant driven B QM3 car in the state of alcohol alcohol concentration of approximately 0.166% at the section of about 3km from the distance from the two elementary schools located in Seodaemun-gu, Ulsan-si, Ulsan-si to the national highways located in the 24th in the north northwest-gu, the same military branch.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the scene of an accident, and a report on the situation of the driver in charge;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant violated the instant crime and complained against his wife; (b) the record of criminal punishment, such as violence, is possible. In particular, even though the record of punishment for drinking driving was four times (two times a punishment penalty, two times a punishment, one time a suspended sentence, one time a suspended sentence), the Defendant lacks compliance intent in light of the fact that the Defendant committed the instant crime, and the possibility of recidivism is high; (c) the degree of alcohol concentration among the blood transfusion in the instant case may lead to a significant accident; and (d) the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime; and (d) the sentencing conditions, such as the circumstances after the crime, etc., were comprehensively taken into account.