On June 17, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution due to a violation of the Road Traffic Act (drinking driving), etc. on August 21, 2014 at the Seoul Northern District Court (Seoul Northern District Court), and was sentenced to 8 months of suspension of execution or 1 year of suspension of execution, and was sentenced to 3 million won of a fine for a violation of the Road Traffic Act (dacting driving) in the Gyeyang Branch of the Government District Court on May 15, 2015. On April 11, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution, and the said judgment becomes final and conclusive as of April 19, 2017, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

On October 17, 2017, the Defendant driven a clate car in the state of alcohol alcohol concentration of about 2 km from around 17, 2017 to the front road of the New City Oil Station in Gyeyang-gu, Incheon, Ocheon-gu, Incheon, to the end of the 942-in Incheon, with no driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (such criminal history), and application of each judgment statute;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the circumstances, such as the fact that: (a) a person had been subject to three times of punishment due to the driving of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) a person was under the suspension of the execution due to the driving of alcohol; (c) a person again commits the instant crime even during the suspension period; (d) there are no extenuating circumstances in which the driving of alcohol or the driving without a license is inevitable; (e) a person has a relatively high drinking value; and (e) a person