[criminal history] On November 26, 2013, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Gwangju District Court of Gwangju on October 29, 2015, and was sentenced to a fine of 8 months due to a violation of the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court, and completed the execution of the sentence on June 28, 2016 at the Gwangju District Court.

[2] Although Defendant 1 had been punished twice or more due to the above violation of the Road Traffic Act (driving of alcohol), Defendant 2 driven C Poter in a section of about 4 km from the Defendant’s house located in Navy B with a blood alcohol concentration of 0.079% at around September 26, 2016 without a driver’s license, while he was under the influence of alcohol at around 08:00 on September 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. (A), a report on the circumstances of the driver's license, and a notification of the results of the crackdown on drinking;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report of investigation (A), copy of the judgment, four copies of the judgment, and the application of Acts and subordinate statutes concerning personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities, repeats the driving of drinking or non-licensed driving without any particular awareness of a crime.

In particular, the crime of this case is committed by the defendant without being aware of the fact that he was committed during the period of repeated crime, and it is inevitable to sentence sentence.

In determining a specific sentence, it shall be considered in favor of the defendant, such as the fact that the defendant reflects, and that the amount of alcohol concentration is not high due to driving after a considerable time after drinking.