[criminal history] The defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on October 14, 2009, a summary order of KRW 3 million for the same crime at the Jung-gu District Court on May 10, 2012, and a summary order of KRW 5 million for a fine at the Seoul Southern District Court on February 4, 2014, respectively. On October 8, 2015, the defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act at the Incheon District Court on October 16, 2015, and the judgment became final and conclusive on October 16, 2015.

[2] On October 29, 2015, the Defendant driven C Mtz motor vehicles at approximately 500 meters from the 50-meter section from the coastal wharf to the unaccompanied-ro 36, Jung-gu, Incheon, Jung-gu, under the influence of alcohol content of 0.141% during blood without a vehicle driver’s license, at around 20:52.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than 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. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A report on investigation;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (the same type of suspect and confirmation of facts under probation period);

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. Although the reasons for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act reflects the Defendant’s fault in depth, and some favorable circumstances such as the Defendant’s detention that make it difficult for his/her family members to live, the Defendant was subject to a fine several times due to the same kind of crime.