On February 25, 2008, the defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act at the Gwangju District Court on February 25, 2008, and was sentenced to a suspended sentence of 1.5 years for the defendant's imprisonment for the violation of the Road Traffic Act at the Jeonju District Court on August 28, 2008.

On April 4, 2013, at around 22:45, the Defendant driven the B 1 ton cargo vehicle with a blood alcohol concentration of about 0.070% in the section of about 10km from the 10km to the road near the Docheon-dong in the Docheon-gu of Gwangju Mine, the Yannam-gun-gun, Chungcheongnam-gun, and the Yannam-do.

Accordingly, the defendant, who violated the prohibition clause on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., that the blood alcohol content of this case is not high) has not only the record of being sentenced to a fine in 200, 2004, and 2005, but also the record of committing the same crime as the previous record in the judgment, and again committed the crime of this case.

It is difficult to improve the drinking habits of the defendant, which is already sentenced to punishment.

Since a sentence is to be imposed, it is inevitable to sentence.