On November 14, 2007, the Defendant received a summary order of KRW 5 million from the Seoul Northern District Court to a fine of KRW 5 million for a violation of the Road Traffic Act. On February 19, 2019, the Defendant was sentenced to imprisonment with prison labor for special injury, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court on February 19, 201, and completed the execution of the said sentence on June 18, 2019.

On July 16, 2020, at around 00:40, the Defendant driven a F-motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.095% in the section of approximately 500 meters from the front road of “C” in Chungcheongnam-gun B, Chungcheongnam-do to the front road of “E” located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records of the circumstantial statement report of a host driver, investigation reports (a repeated crime before and after confirmation, and attachment of a summary order of the same kind of power);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 35 of the Criminal Act among repeated offenders who choose to impose imprisonment, for the crime, and for the choice of punishment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is 4 times the criminal records of the crime committed on the grounds of the crime committed on the grounds of the crime committed on the grounds of the crime committed on the grounds that the criminal records of the crime committed on the grounds of the crime committed on the grounds that the criminal records of the crime committed on the grounds of the suspended sentence

Nevertheless, the defendant was driving under the influence of alcohol without being a person.

The sentence of imprisonment against the defendant is inevitable.

When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.

Considering the Defendant’s blood alcohol concentration, the distance of drunk driving, the details and timing of his previous conviction, the occurrence of a traffic accident, etc. at the time of the instant drunk driving, the punishment as ordered shall be determined by considering the following circumstances revealed in the argument of the instant case, including the Defendant’s age, character and conduct, criminal records, relationship with criminal records, environment, circumstances after the crime