[2] On October 27, 201, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions, including a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking driving), a fine of 5 million won due to a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on July 16, 201, and a fine of 5 million won due to a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on July 16, 2015 at the Daegu District Court on July 16, 2015.

(Criminal facts) On December 31, 2015, the Defendant driven Bsch Rexn car at approximately 1 km to the front road of the Daegu North Daegu-gu elementary school located in the same Dong on the same road under the influence of 0.108% alcohol level among blood alcohol level without obtaining a driver's license on December 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking and the driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, a copy of judgment, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case, even though he had the record of punishment several times due to drinking or non-licensed driving, if he committed the crime again during the period of suspension of execution due to the same crime.

The alcohol concentration of the defendant's blood exceeds 0.1%.

Therefore, it is difficult to exempt the Defendant from punishment.

The defendant will again commit the same kind of crime.