[criminal history] On February 11, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law, and on February 19, 2016, the judgment became final and conclusive on February 19, 2016, and is currently under suspension of execution. A person who was sentenced to 8 months of imprisonment with prison labor for a violation of road traffic law at the Suwon District Court on April 16, 2009.

[2] Although Defendant 1 was punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a vehicle with C’s low alcohol concentration of 0.230 percent under the influence of alcohol in around May 14, 2016 without obtaining a driver’s license, and operated a vehicle with approximately two kilometers in the 7 new apartment distance of the 7th new apartment in the ero of the same Eup in the vicinity of the Eupng of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of each summary order 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. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The number of criminal records of the same kind (five times of imprisonment with prison labor and two times of suspended sentence) is very high, and the degree of alcohol concentration in the blood of this case is 0.230% as well as the crime during the period of suspended execution due to the same crime.

The sentence of imprisonment is inevitable.

2. In determining the term of punishment, all circumstances such as the Defendant’s reflection, scrapping of the instant vehicle, and the Defendant’s age, sex, health, environment, and circumstances after committing the crime were considered.