[criminal power] On January 24, 2008, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch, etc. on October 24, 2008, and on September 17, 2009, the above court was sentenced to imprisonment for one year for a violation of the Road Traffic Act (Free Driver's License) and completed the execution of the sentence on July 10, 201, when the judgment became final and conclusive on September 22, 2009.

【Criminal Facts】

At around 12:40 on January 17, 2012, the Defendant, while under the influence of alcohol of 0.078% of blood alcohol concentration, driven B rocketing car from around the roads of the new Youngju church located in the Dong-dong of permanent residence to the literature station located in the Dong-dong of the same city from around 1km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previous convictions: Reference references, such as criminal records, investigation reports (report on suspect's previous records, court rulings and execution records of punishment and penalty), application of Acts and subordinate statutes to the personal inquiry and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is not only the previous and several times of punishment, including a fine, suspension of execution, and in particular, on January 24, 2008, the defendant was sentenced to a suspended sentence of two years on September 4, 2008 and was sentenced to a fine of two million won for driving without a license on September 4, 2008, while he was sentenced to a suspended sentence of two million won on September 17, 2009, after he was sentenced to one year of imprisonment on September 17, 2009 and after the execution of the sentence was completed on July 10, 201, and again committed the same crime during the same period of repeated crime. Therefore, it is inevitable to punish the defendant significantly.

The punishment shall be determined as per the disposition in consideration of the fact that the defendant is led to confession and reflect, etc.