[criminal history] On May 20, 2009, the Defendant was sentenced to a suspension of the execution of six months without prison labor due to a violation of road traffic law in the Changwon District Court's Changwon District Court's branch on June 7, 2010. On June 7, 2010, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking driving) and on January 23, 2014, a summary order of six million won was issued by the court at the same time due to a violation of road traffic law (drinking driving).

[Criminal facts] On April 18, 2017, the Defendant driven Dwork-to-be under the influence of alcohol content of 0.084% in alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the gymnasium indoor sports center located in the 25th anniversary of the Dobong-gu, the Gumnasium in the Gumnasium in the Gumnasium 25 in the Gumnasium (hereinafter “Gumnasium”).

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the confirmation during the same type of force and the period of suspension of execution);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment is determined as ordered by comprehensively taking into account the following circumstances, including the Defendant’s age, sexual behavior, family relationship, environment, background and consequence of the crime, and the circumstances after the crime, which are shown in the instant pleadings: (a) there are many criminal convictions in the grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act; (b) while committing a crime during the period of suspension of execution; (c) the amount of alcohol concentration in blood is not high; (d) the Defendant’s age, sexual behavior, family relationship, environment, circumstances, and consequence of the crime;