[criminal history] On April 22, 2015, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving) in the Gwangju District Court’s net support on April 22, 2015. On November 9, 2016, the same court was sentenced to two years of imprisonment for a violation of the Road Traffic Act (dacting driving) and for a violation of the Road Traffic Act (dacting driving) and for a violation of the Road Traffic Act (dacting driving), and was sentenced to two years of a suspended sentence on August 9, 2017.

[2] On March 31, 2018, at around 00:06, the Defendant driven a Chump vehicle under the influence of alcohol concentration of 0.095% while under the influence of alcohol level 0.095%, without obtaining a driver’s license in about 500 meters from the front day of the Riri-ro 24-ri-dong ecological tunnel.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

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 Article 53 and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity mitigated is that the defendant was punished 4 times due to drinking prior to the instant case, and is also driving without a license. Since the above-mentioned driving is also 4, the defendant is highly likely to repeat a crime without a license, and the defendant was driving without a license during the period of suspended sentence of imprisonment due to drinking or without a license, and even during the current suspended sentence, it is impossible to sentence a suspended sentence as a result of a suspended sentence.