[criminal history] On June 2, 2015, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Seoggu District Court Branch on February 1, 2016, respectively.

[2] On June 2, 2018, around 04:40, the Defendant driven a motor vehicle with approximately KRW 100 meters distance from the front day of the Daegu-gu Incheon-ro 281, the “Sasan-ro” restaurant to the same Gu-ri-dong 1196, and the long-term public parking lot to the same Gu-ri-dong 100 meters, without obtaining a driver’s license, while under the influence of alcohol level 0.163% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification twice the criminal suspect's driving force);

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. The Defendant had been punished twice by drinking alcohol only in the year 2015, and re-offendered at the time when three years have not passed since the Defendant had been punished.

Examining the details of the past crime and the instant crime, there are some parts of the circumstances such as the background leading to the Defendant to the crime of drinking alcohol, the time period of driving, and the distance of driving.

However, considering the fact that the Defendant was driving three times in the short term and was prevented from committing a crime without a license without any particular awareness, it is unreasonable to take the Defendant’s action on the ground of the foregoing circumstances.

Therefore, the defendant is sentenced to imprisonment.