[criminal history] On May 11, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on the part of May 11, 2007; on December 4, 2014, the same court issued a summary order of KRW 4 million for the same crime; on January 29, 2016, the same court was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act (refluence of alcohol measurement); and on February 6, 2016, the period of the suspended sentence becomes final and conclusive.

[2] On July 13, 2016, the Defendant, who violated the prohibition of driving under the influence of alcohol twice or more, was driving B rocketing car under the influence of alcohol with approximately 2km alcohol content of about 0.111% during blood without a driver’s license from the Do near the Dong-dong, Busan Metropolitan City, to the front road of the Dong-dong, Dong-dong, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (record 22 pages, 29 pages);

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. In light of the fact that punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment can be met with the same criminal history for the reason of sentencing, and that the defendant repeats the same crime as a result of the suspension of execution of imprisonment for a limited period of time.

However, the sentence shall be determined as per the order in consideration of the fact that the defendant is against the defendant, the age, sex, environment, etc. of the defendant.