[criminal history] The defendant was sentenced to a suspended sentence for 2 years in imprisonment with prison labor for 8 months on June 4, 2010 on the grounds of a violation of road traffic law in the support of the Daejeon District Court of Daejeon, the defendant was sentenced to a suspended sentence for 2 years on April 19, 2016 on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of road traffic law in the same court on April 19, 2016 and was sentenced to a suspended sentence for 2 years on October 27 of the same year.

[2] On April 30, 2017, at around 04:05, the Defendant driven CK9 car under the influence of alcohol concentration of approximately 0.085 percent in a section of about 30 meters from a place where it was impossible to know about the Dolle-dong (hereinafter referred to as the “Yaak-gu”) at Cheongju-si to the 43-ro of the same Jinaro-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol (Investigation Record No. 9th), and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as judgment of the same kind as the suspect, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In light of the fact that the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment only has the record of being punished several times as a same crime, and that the defendant again commits the crime of this case without being among those who were under probation period for the same crime, it is inevitable to sentence the defendant to be sentenced.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the defendant's mistake, the alcohol concentration level in the blood of the defendant at the time of driving, the age, sex, environment, criminal records, relationship with him/her, circumstances after committing the crime, etc.