[2] On January 22, 2010, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), on July 21, 201, the Defendant was sentenced to a suspended sentence of 6 months for the same crime in the same court, and was sentenced to a suspended sentence of 6 months for the same crime. On February 21, 2013, the Defendant was sentenced to imprisonment for the same crime in the same court.

[2] On December 26, 2016, the Defendant driven a motor vehicle with a alcohol level of approximately 0.075% in the blood alcohol level from approximately 2 km section from the 2km road near the main apartment road located in Gangseo-si, Gangseo-si, Seoul, to the road around 3091 in the same city, without a driver’s license.

As above, the Defendant, who violated the provision prohibiting driving of a motor vehicle at least twice, was driving the 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, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is as follows: (a) the defendant has been already punished several times for the same kind of crime; and (b) the defendant was sentenced to a suspended sentence for a crime of violating the Road Traffic Act (e.g., refusal of drinking), and committed the crime in the last two months.

In light of these points, it is inevitable to sentence the defendant to sentence.

However, the defendant's wife is a disabled person, disposes of the vehicle after this case, and the blood alcohol concentration is not high, etc. shall be considered in consideration of the favorable circumstances.