[criminal history] On September 30, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on June 18, 2010 and a fine of KRW 3.5 million for the same crime at the same court on June 18, 2010, and on April 17, 2013 at the same court, the Defendant violated Article 44(1) of the Road Traffic Act on more than two occasions by being sentenced to a suspended sentence of six months for the same crime.

[2] On February 26, 2016, around 21:24, 2016, the Defendant driven B-low-scale car under the influence of alcohol content of about 0.095% without obtaining a driver’s license from a section of approximately 1 km from the front of a cafeteria in the name of the south-gun, Chungcheongnam-gun, the Namsung-gun, the U.S., and the front of the “Sasank Center” located in the same military, Seosung-gun, the U.S., the head of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and statutes;

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. In addition, in light of the fact that the instant crime was committed, a sentence of imprisonment is inevitable in light of the fact that the instant crime was committed, even though there was a past record of being sentenced to a suspended sentence of two years in June 2013 due to driving of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment.

However, in full view of the fact that the crime of this case did not lead to traffic accidents, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).