On March 17, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), and a fine of KRW 2 million for the same crime in the same court on May 15, 2013, and on June 22, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the Daegu District Court and on June 30, 2017, and the said judgment became final and conclusive on June 30, 2017.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (driving) as above, the Defendant driven BM5 cars under the influence of alcohol concentration of about 0.062% without obtaining a driver’s license in the section of approximately 77 meters, which was around 11:30 on August 25, 2017, and around 2km of the death of North-gu at the port, Dong-si, Dong-si, in front of the public parking lot in the market, around 11:30 on August 25, 2017, while under the influence of alcohol concentration of 0.062%.

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, such as criminal history, report on investigation (the previous confirmation of such past 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. Determination of punishment as ordered by comprehensively taking account of the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

A favorable circumstances: A relatively insignificant, drinking value is relatively minor, and there is a family member to support: A person who committed the crime of this case again during the same period of suspension of execution, which is between the date when the judgment has become final and conclusive and approximately 2 months.