[criminal history] On August 28, 2009, the Defendant was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving), etc. at the Suwon Flag Flag, and on August 30, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for a period of six months due to a violation of the Road Traffic Act (driving) at the Suwon Flag Flag Flag, etc.

[2] On December 28, 2015, the Defendant driven B truck at a section of about 5 km from the front side of Cheongdo-gun, Jido-gun, Jido-gun to the front side of Cheongdo-gun-do-si, Jido-si, Godo-do-do-myeon with alcohol content of 0.160% while under the influence of alcohol without a vehicle driver’s license on December 28, 2015 to the front side of the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the situation of a driver driving, inquiry about the results of crackdown on drinking driving, and inquiry about driver's license;

1. Previous convictions: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, such as criminal history, investigation report (report attached to the same criminal suspect's previous records), and copy of the judgment;

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 (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) is that the Defendant had already been punished several times due to drinking or non-licensed driving, but was driving under the influence of alcohol.

It is doubtful whether or not the defendant has accepted and against the warning meaning of criminal punishment in the past.

In this context, considering the fact that the defendant's blood alcohol concentration is not low and the driving distance is not short, even if the defendant reflects the defendant, the sentence of sentence is inevitable and the sentence is determined like the order.