[criminal history] On July 2, 2009, the Defendant was sentenced to a suspended sentence of two months in the Daegu District Court on August 2, 2009 to imprisonment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licensed driving). On July 21, 2016, the Defendant was sentenced to a suspended sentence of two years in the same court on October 29, 2016, and the same court was sentenced to a suspended sentence of two years in the same offense, and was sentenced to a suspended sentence of two years in the same month on July 29, 2016.

[2] On October 6, 2017, the Defendant driven a car under the influence of 0.154% alcohol concentration while under the influence of 0.154%, without a driver’s license, from the front of the road located in the city of Gyeongdo, Gyeong-do, Chungcheongnam-do to the front of the gas station in the 3km away from the front of the road located in the city of Gyeongdo, Chungcheongnam-do to the present Do, the Defendant driven a car without the driver’s license for the vehicle from around 18:30 on the same day.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Article 55(1)3 of the Act on Reduction of Quantity - Unfavorable circumstances: not only the defendant has been punished several times for the same kind of crime, but also commits the instant crime during the period of suspension of execution due to the same kind of crime; the instant crime is committed while alcohol concentration is high at the time of driving alcohol and a traffic accident accompanied by physical damage, and thus, the risk of driving alcohol is realized; - A favorable normal situation is led to confession and reflect.