On August 24, 2011, the Defendant was punished by a fine of KRW 2.5 million for a crime of violating road traffic law (drinking driving), and on August 20, 201, by a Seoul Western District Court, a fine of KRW 3 million for the same crime, etc. on August 20, 2012. On December 5, 2012, the Defendant was sentenced to a suspended sentence of ten years for the same crime, etc.

On January 30, 2016, while under the influence of alcohol 02:49%, the Defendant driven the said vehicle, without a vehicle driver’s license, at around 0.158%, from the mutual influent restaurant at the entrance of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the bus stops located in the same Dong from around the mutual influent restaurant at the entrance of the Eunpyeong-gu Seoul, Seoul, to approximately 1 Kmm. at the bus stops located in the front of 530-dong apartment at the end of Pyeongtaek New-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver at driving, the inquiry of the results of crackdown on drinking driving, and the screen output of the driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, one copy of the judgment, and two Acts and subordinate statutes in summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking under the judgment) concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license as stated in the judgment);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances for sentencing) of the Act on the Mitigation of Small Quantity was that the Defendant was sentenced to the suspension of indictment on July 27, 201, and had the record of the crime, such as the record of the crime in the judgment, which had been punished three times due to drinking, and in the process, the crime without a license was already committed two times. Furthermore, even if the Defendant was subjected to the suspension of execution on the last crime of driving and non-licensed driving, the Defendant again driven the instant drinking and non-licensed driving, and the alcohol concentration among the blood transfusion in the instant case was considerably higher than 0.158%.