[criminal power] The defendant is a person who was sentenced to a fine of 2.5 million won at the Jung-gu District Court on December 10, 2008 to a fine of 2.5 million won for a violation of the Road Traffic Act, and on September 23, 2009 by the same court on September 23, 2009 to two or more criminal records of the same kind who were sentenced to a suspended sentence of 2 years

【Criminal Facts】

On May 3, 2013, at around 20:15, the Defendant driven a D Ecoo vehicle under the influence of alcohol with approximately 150 meters alcohol concentration of 0.105% from the road near the C house, the Defendant’s seat in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the road 185, the same sea-lane 150 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Each photograph;

1. On-site map;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to previous records and a copy of judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished several times due to drunk driving, etc., and the Defendant again committed a drunk driving even though he was sentenced two times prior to the suspended sentence. As to the act of habitually violating the law, the sentence of punishment is inevitable.

However, the punishment shall be determined as ordered in consideration of all the circumstances, such as the case where errors are divided, but the statutory detention shall not be made before the judgment becomes final and conclusive.