[criminal history] On January 30, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on March 19, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. On January 22, 2014, the same court was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act, and the judgment became final and conclusive on January 30, 2014.

[2] On September 13, 2015, the Defendant: (a) was a person who had a alcohol driving force twice or more; (b) was driving CF car in the CF while under the influence of alcohol with approximately 0.108% alcohol concentration in the blood without a vehicle driver’s license at the section of about 1km from the front of the claim apartment in the Chyl-dong in the Chyeong-si, the CF at around 19:45 on September 13, 2015 to the front of the Cham-ri in the Cham-ri road in the Cham.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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 by repeating the same kind of crime;

1. The defendant, who committed a second offense during the period of the suspension of the execution of the same kind of punishment for sentencing Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances that look at the following sentencing grounds), is sentenced to a sentence on the defendant.

Provided, That the punishment shall be mitigated in consideration of the circumstances, such as the confession of the defendant, and the punishment shall be determined.