[criminal history] On September 5, 2007, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law (drinking driving) at the Daegu District Court, and on July 22, 2015, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (drinking driving), and on July 13, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment on July 21, 2017 and the said judgment became final and conclusive on July 21, 2017, and carried out drinking at least twice, such as a person who was under suspended sentence.

[Criminal facts] On August 16, 2017, at around 01:35, the Defendant driven a DK7 car while under the influence of alcohol for about 0.180% without obtaining a driver’s license from the front of a mutually influent restaurant located in the Daegu Dong-gu, Daegu-gu, Daegu-gu, to the front of a 2km road in the same Gu, and without having a driver’s license, the Defendant driven a D K7 car while under the influence of alcohol for about 0.180%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports, and application of the text of the judgment, such as criminal history;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: (a) imprisonment with labor for a traffic-related crime; (b) on July 13, 2017, on the grounds that a person was sentenced to a suspended sentence of six months; (c) was under a suspended sentence of two years on July 13, 2017; and (d) was under a non-licensed driver’s license for only one month; and (c) the alcohol concentration in blood at the time of driving of the instant drinking 0.