On February 3, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court on February 12, 2016, and the judgment became final and conclusive on February 12, 2016, and was under suspension of execution. On May 10, 2010, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on August 9, 2010, and was issued a summary order of KRW 2 million with a penalty of KRW 2 million for a violation of the Road Traffic Act at the Changwon District Court on August 9, 2010.

Although the Defendant was punished as a crime of violation of the Road Traffic Act more than twice as above, around July 8, 2016, the Defendant was under the influence of alcohol of 0.154% of the blood alcohol concentration without a driver’s license on July 8, 2016, driving a 7 km car from the front of a restaurant located in Busan Young-gu to the fifth 5 km road located in Busan Young-gu, as the impulse of Busan dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized the crime and committed an erroneous act in depth; and (b) considering the circumstances of driving without a license claimed by the Defendant, it is inevitable to sentence the Defendant on the following grounds: (a) even if the Defendant had been sentenced to a suspended sentence on several occasions; (b) the Defendant had been sentenced to a suspended sentence, and the Defendant has not yet passed since it became final and conclusive; and (c) the Defendant again committed the instant crime of driving without a license without a license; and

Defendant. Other defendant.