On February 16, 2017, the Defendant driven B K3 cars under the influence of alcohol content of 0.151% while under the influence of alcohol, without obtaining a driver’s license, from the front of the “Stan Station, Seodong-dong,” located in the same city of return to the front road of the same city of return from approximately 1km to the front road of the same city of return.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, the ledger of driver's licenses, and the application of statutes of the next time inquiry;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Circumstances favorable to the defendant for sentencing selective sentencing of imprisonment with prison labor are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There is no past record of criminal punishment exceeding a fine due to driving of alcohol or driving without a license, and there is no criminal record of imprisonment.

The defendant is in a position where he/she should support his/her aged child.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.151% high.

The defendant was sentenced to imprisonment with prison labor for six months in 2016, and was sentenced to one year of suspended execution, and again committed the crime of this case during the suspended execution period.

The defendant was sentenced to a fine of KRW 1.5 million due to driving of light drinking in 2008, and a fine of KRW 1.5 million due to driving without a license in 2013 and a fine of KRW 1.5 million due to driving without a license in 2013.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime, the sentence is inevitable even if considering the circumstances favorable to the Defendant, and thus, it is so decided as per Disposition.