[criminal history] On April 26, 2012, the Defendant was sentenced to imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon on April 26, 2012, and completed the execution of the sentence at the original prison on August 13, 2013.

[2] On January 6, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 04:07, driven the Category C motor vehicle from the section of about 10km in the direction of about 10km, which is located near the Seosan District located in the Seosan District in the Seosan-gu Eup of the Chungcheongnamnam budget-gun to the roads located in the same area of the river in the same area, under the influence of alcohol level of 0.072%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (related to repeated crimes)-related Acts and subordinate statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant did not know about a repeated crime during the period of repeated crimes, and committed the instant crime of driving without a license, and that the Defendant was punished for driving without a license four times.

In addition, since the defendant had a reason for disqualification for enforcement due to the previous conviction, it is inevitable to punish the defendant even if considering his family relationship and employment relationship.

However, the facts that the defendant confessions all of the crimes and reflects, and that the crime of this case did not cause any accident that damages another person's body or property due to the crime of this case, and that the blood alcohol concentration was not high at the time of enforcement, etc. shall be considered as favorable circumstances.

In addition, the age, sex, environment, and crime of the defendant.