On April 10, 2013, the Defendant issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court, and on June 19, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for the same crime in the same court on June 19, 2014.

On February 11, 2016, at around 23:07, the Defendant driven Calba while under the influence of alcohol, without obtaining a driver’s license, at a section of approximately 100 meters from the front day of the Kancheon-si Yansan-si to the front day of the Kancheon-si in the same Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving on a motor vehicle and the register of driver's licenses;

1. Division: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (suspects' previous records, fixed dates, and judgment attached);

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 2 of Article 152 and Article 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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, among others, the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime; and (b) the sentence as ordered.

Unfavorable circumstances: The defendant has been punished several times for the same kind of crime in the past, and the above punishment records include two times of suspended execution, but they also committed this case during the period of suspended execution.

The defendant has not been in good faith in a trial.

A favorable normal situation: The defendant again does not commit the same kind of crime.

The Defendant driven a motor bicycle with relatively low risk.