On October 31, 2003, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju on November 31, 2003; on November 26, 2006, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) by the same court; on April 10, 2007, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On November 24, 2011, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor at the Changwon District Court's Changwon District on June 26, 201 and violated Article 44 (1) of the Road Traffic Act at least twice.

On November 10, 2013, at around 21:30, the Defendant driven CN-si car from around 300 meters to around 100 meters away from the day before the close-down of the trade name in the opposite Dong in the Jinju-si to the front-out road while under the influence of alcohol content 0.163% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

2. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only subject to a punishment of a fine on several occasions due to drinking or non-licensed driving, but also has the record of being sentenced to a suspended sentence of imprisonment on two occasions, on November 24, 201, the Defendant committed the instant crime by driving the same vehicle while driving the same vehicle during the suspended sentence period, even though he/she was sentenced to a suspended sentence of six months at the Changwon District Court on November 24, 2011, and was sentenced to a suspended sentence of six months due to a violation of the Road Traffic Act, and the Defendant’s blood alcohol concentration is considerably high to 0.163%, it is difficult to expect the effect of preventing recidivism against the Defendant.