[criminal history] On August 13, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on the grounds of a violation of road traffic law, etc. On April 29, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law in the Gwangju District Court's Branch of the Gwangju District Court on April 29, 2016 and completed the execution of the sentence on December 8, 2016.

[2] Defendant 1, who was punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking) and was under the influence of a motor vehicle driver’s license on July 16, 2017, the Defendant 200 meters from the road front of a mutual influence 0.133% under the influence of alcohol while under the influence of a motor vehicle driver’s license on July 16, 2017 to the front intersection of 7-3 of the said Eup’s substitute payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, and notification of the results of crackdown on drinking alcohol;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, summary order, text of judgment, and statutes on the status of acceptance;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that the defendant has been punished several times for the same crime, and even though he is a repeated crime due to the same crime, he/she has committed the crime of this case, and it is inevitable to sentence the defendant as a sentence.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and against the defendant's driving distance, etc., the defendant's age, environment, sex, motive and means of the crime, etc.