【The Defendant was sentenced to a fine of KRW 5 million on March 18, 2015 for a crime of violating the Road Traffic Act at the early branch of the Chuncheon District Court, and on October 28, 2015, the Defendant was sentenced to a suspended sentence of KRW 5 million for six months on September 4, 2017 due to a crime of violating the Road Traffic Act (refence of drinking), and was sentenced to a fine of KRW 5 million on September 4, 2017 by the same court.

【Criminal facts】 From July 5, 2018, the Defendant driven a sports cargo vehicle in Eco while under the influence of alcohol with about 0.252% of alcohol content while under the influence of alcohol without obtaining a driver’s license from around 4km of around 16:35 to the front day of D located in C in the same city as at around 16:35 on the same day.

Accordingly, the defendant, who violated the drinking regulations at least twice, was driving in violation of the above regulations, and was driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant reflects the crime. However, since 2015, the defendant repeats the short-term crime, such as a fine twice a fine due to driving under drinking and a power of having been sentenced once a suspended sentence, etc., since 2015, the blood alcohol concentration is very high at the time of the instant case, and the state of drinking under the influence of a driver without a license even though it was objectively confirmed that he was under the influence of alcohol at the time of crackdown, and that he was under the influence of a driver without a license, it is necessary to strictly punish the driver in light of such danger, and the defendant's age, sex, environment, and environment.