On April 17, 2008, the defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on April 17, 2008, and on November 19, 2015, the same court was sentenced to a suspended sentence of six months for the crime of violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years for the same crime of violation of the Road Traffic Act, and is still under the period of suspended execution.

At around 20:30 on August 3, 2016, the Defendant driven a DNA shot car under the influence of alcohol leveling 0.276% of alcohol level without obtaining a driver’s license from the front of the Defendant’s residence in Gwangju-gu to the front of the sJ metal plant in the sJmetallic-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was subject to punishment four times, including the drunk driving recorded in the previous conviction prior to this ruling, and re-offending without being aware of the fact that the Defendant was under suspension of the execution due to drunk driving, and the Defendant’s blood alcohol concentration is very high, and the distance of driving is reasonable, so it is inevitable to punish the Defendant significantly.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.