[criminal power] On December 17, 2008, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court, and on January 21, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, and on December 2, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court.

【Criminal Facts】

On December 27, 2012, around 02:14, the Defendant driven a B-hand motor vehicle with approximately 100 meters away from the pre-road in the name of the Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seocheon-si to the front road of the salary range of Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, with a blood alcohol concentration of at least 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Inquiry into the results of the drinking driving control, and the reply for the delivery of data;

1. Records before judgment: Application of the Act and subordinate statutes, such as inquiry reports on criminal records, etc. and investigation reports (attached to judgment, etc.);

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. Taking account of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, despite the fact that the defendant had a record of being sentenced to a fine twice due to drunk driving and a suspended sentence once, he/she repeatedly drives under the short term in spite of the fact that he/she had a record of being sentenced to a fine twice due to drunk driving, and that the defendant was extremely high in the risk of the occurrence of the accident in light of the circumstances of the crime of this case, such as the volume of blood alcohol concentration and the defendant's dispatch of 119 Won because he/she was diving on the lane while driving under the influence of alcohol, the sentence of imprisonment cannot be imposed

Provided, That the punishment shall be determined as per the order after discretionary mitigation in consideration of the fact that the defendant is against his or her gender and that he or she has no criminal record exceeding the suspension of execution.