피고인은 2009. 2. 4. 의정부지방법원에서 도로교통법위반(음주운전)죄 등으로 벌금 200만 원의 약식명령을 발령받았고, 2010. 1. 15. 같은 법원에서 도로교통법위반(음주운전)죄 등으로 징역 8월, 집행유예 2년을 선고받은 전력이 있는 사람인바, 2012. 9. 8. 22:10경 포천시 선단동 ‘양푼이비빔밥’ 식당 앞 도로에서부터 그 무렵 같은 시 가산면 방축리 ‘강원막국수’ 식당 앞 도로에 이르기까지 약 3km 구간에서 자동차운전면허 없이 혈중알코올농도 0.068%의 술에 취한 상태로 C 아반떼 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is the confession of the defendant for the reason for sentencing. However, in light of the written opinion and the attitude of the statement in this court, it seems that the defendant is unable to seriously close the seriousness of the crime of drinking driving in light of his/her own opinion, and the defendant has the record of being sentenced one time to suspended sentence of imprisonment from 2004 and four times of fine due to the crime of drinking driving or driving without a license. In particular, as stated in the ruling, the court of January 15, 2010, even if the court received the prior notice of suspended sentence due to drinking driving, driving without a license, or the crime of obstruction of performance of official duties, the period of suspended sentence is not much much long, and thus, the defendant committed the drinking of this case and driving without a license without a license without obtaining a license.