[criminal history] The defendant was sentenced to a fine of 2 million won due to a violation of road traffic law in the Seo-gu District Court's branch branch on March 23, 2007, and was sentenced to a suspended sentence of 8 months on August 6, 2008 due to a violation of road traffic law in the Seo-gu District Court's branch branch on August 6, 2008. On August 25, 2010, the defendant was sentenced to a suspended sentence of 3 years for 6 months on the ground of a violation of road traffic law in the Seo-gu District Court's net branch on August 25, 201, and was sentenced to a suspended sentence of 10 months on November 28, 2013. The above judgment became final and conclusive on June 27, 2014.

[Criminal facts] On April 4, 2016, the Defendant driven a Dworke car in the state of alcohol alcohol concentration of approximately 0.186% from the section of approximately 200 meters to the front road of the 2235-8 Goi-si, Nowon-si, North Korea, Nowon-si, in the vicinity of the trade influence-dong in the original city level around 20:50 on April 4, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the circumstances and circumstantial statements of the driver at the main place of business, and a report on detection;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had been sentenced to a fine four times due to driving of alcohol; and (b) three times the suspended sentence; (c) the Defendant again committed the instant crime even during the suspended sentence period; and (d) the alcohol concentration in blood is also high.

In particular, in the case where the defendant was finally sentenced to suspended sentence, the circumstance is that the substitute driver's vehicle is moving to a nearby country while he was committed during the suspended sentence due to drinking driving which was previously committed, and the distance of drinking driving is shorter, and the error is depth.