[criminal history] On May 27, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the port branch of the Daegu District Court on May 27, 2016. On August 16, 2017, the same court was sentenced to a suspended sentence of two years for imprisonment for a crime of violating road traffic laws (drinking), and the decision became final and conclusive on August 24, 2017.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven Cchip car in the 2km section of approximately 309 square meters from the front distance to the 309 knife road at the 35 knife in the middle of the Gu, while under the influence of alcohol at around 02:20 on March 13, 2018 without obtaining a driver’s license, Defendant 1 driven Cchip car at the 30km section of the 309 knife-ro from the front distance to the knife road.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the previous rulings);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the numerical value of alcohol concentration among the blood transfusion of this case is not higher than that of the instant case, and the attitude of recognizing his mistake and reflecting his depth is favorable.

However, there are three times of a fine due to drinking driving and one time of a suspended sentence of imprisonment, and in particular, there is no person who had been a suspended sentence of imprisonment due to drinking driving as stated in the first head of the crime in the judgment.