[criminal history] On August 24, 2010, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), etc. on the part of the Friwon Friju, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving), etc. on June 1, 201, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving), and was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (dacting driving) on November 25, 2016.

[2] On December 16, 2016, the Defendant, while under the influence of alcohol of 0.08% among blood, driven a Crocketing car at approximately 100 meters away from the front of the Yancheon-si cafeteria, which is located at the center of the Yancheon-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to a judgment) Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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 under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment, but the defendant was driving a motor vehicle in order for the wife in an emergency to kill him/her;

However, considering the defendant's statement and the drug items purchased at the time in the investigative agency about the situation at the time, the defendant was inevitably driven at the time.

It is difficult to view it.

The defendant, who was sentenced to a suspended sentence of imprisonment due to drinking driving in this court, was driving under the influence of drinking, even though one month has not passed since he was sentenced to a suspended sentence of imprisonment.