[criminal history] The Defendant was sentenced to the suspension of the execution of six months of imprisonment due to a violation of road traffic law at the port branch of the Daegu District Court on August 27, 2015, and the said judgment was finalized on September 4, 2015, and is currently under the suspension of the execution. On July 14, 2014, the Defendant received a fine of seven million won from the same court on the same offense, etc., and five times of driving under the influence of alcohol since 2006.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 operated B K5 automobiles with approximately 0.138% alcohol concentration in front of the Han River Station in front of the same 200 meters away from the Han River Station, which is located in the Seogdong-gu, Nam-gu, Seogdong-gu, Chungcheongnam-gu, Seogdong-gu, Seogdong-gu, Seogdong-gu, Seoul, without a driver’s license, at around October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records 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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 and 55(1)3 (see, e.g., Supreme Court Decision 2007Da11448, Apr. 2, 201) are as follows: (a) the Defendant recognized a criminal act; (b) the Defendant did not cause a traffic accident;

However, there are five times the high drinking value, the records of punishment due to drinking driving, and the defendant is well aware of the suspension of execution due to drinking or non-licensed driving during the suspension period.