On April 14, 2013, around 22:55, the suspect driven BM5 car under the influence of alcohol content of 0.314% until the 1094-5 front route of the members of Ansan-si, the 1100-dong, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Materials printed out of a drinking gauge, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the circumstantial report of the drinking-driving driver, vehicle and the alcohol measuring instrument, and investigation report;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Although Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the punishment of this case is to be imposed in consideration of all circumstances, such as the fact that the defendant has no criminal records of probation or heavier, the defendant has committed a mistake in depth, and his social relation is clear, and the detention of the defendant entails excessive difficulty to his dependants) of the Criminal Act, there are favorable circumstances for the defendant, such as that the defendant has no criminal records of probation or more, and the defendant has a depth of his mistake. However, the crime of this case has been committed in the same previous case. The crime of this case has very heavy nature and circumstances in light of its contents, etc., other circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation, health status, etc.