[Power of crime] The Defendant was sentenced to a suspended sentence of two years for the same kind of crime on October 8, 2015 by the Daegu District Court, including a suspended sentence of two years for a crime of violating road traffic law (driving).

[2] While Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a Csch Rexton with alcohol level 0.07% under the influence of alcohol level 0.07% in the front side of the road located in 10 meters in the south-gu Si/Eup/Myeon at port from the restaurant front of the restaurant where the trade name in the North-gu Si/Eup/Myeon cannot be known on April 22, 2016, to the front side of the road located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City at port without a driver’s license, and driven a Csch Rexton with alcohol level 0.07% in the influence of alcohol level from around 29:43 on April 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol and statement in the circumstances of driving of alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same type of crime record);

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (within the scope of a crime of violating the Road Traffic Act due to driving under drinking on the same day and a crime of violating the Road Traffic Act due to driving without a license, and within the scope of a crime of violating the Road Traffic Act due to driving with heavier drinking, each punishment shall be punished, and choice of imprisonment shall be imposed);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (a heavier offense is determined to be a violation of the Road Traffic Act due to drinking on April 29, 2016).