[criminal history] On August 21, 2007, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court. On December 21, 2009, the Defendant was sentenced to a fine of one million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court. On January 11, 2013, the Defendant was sentenced to a suspended sentence of one year or more as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court.

[2] On August 12, 2018, Defendant 1, who had been punished on two or more occasions due to drinking driving, driven a Drocketing car at the section of about 5 km from the 3-km parking lot located in Yangsan-si B without obtaining a driver’s license under the influence of alcohol level of around 06:35, around August 12, 2018 to the front of the construction fee in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report, a copy of the judgment, and an investigation report (Attachment to driving records of the same kind of suspect drinking), a report on the results of confirmation of the previous convictions

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

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

1. The reason for sentencing of selective sentence of imprisonment with prison labor lies in the defendant's ability to drive under the influence of drinking more than once as above, and as a result, the defendant has the ability to drive under the influence of driving under the suspension of the execution of imprisonment with prison labor, even though he/she had the ability to drive under the influence of drinking

In determining specific punishment, all of the sentencing conditions, including the defendant's age and background of driving, and the fact that there is no criminal history other than drinking driving, were considered.