On April 7, 2017, around 23:48, the Defendant driven a B Tworkhouse under the influence of alcohol content of 0.070% while under the influence of alcohol without obtaining a driver’s license from around about 500 meters from the insular area of Yeonsu-gu Incheon, Incheon to the front of the Pacific 351, Nam-gu, Incheon.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. The Defendant committed the instant crime, despite the fact that the Defendant was sentenced to a suspended sentence for 8 months in the Incheon District Court, on July 18, 2013, due to a violation of the Road Traffic Act (non-licenseing) at the Incheon District Court, etc. on the grounds that the sentence of imprisonment for selective sentencing was disadvantageous [the latter was re-licensed on January 31, 2015 (the Incheon District Court Decision 2015 High Court Decision 1054 High Court Decision 2015 High Court Decision 1054 High Court Decision 2005Da10550], and the Defendant was sentenced to a suspended sentence for 6 months in the period of imprisonment (the imposition of protective observation between one year and one year), taking into account the following circumstances: (a) the Defendant was sentenced to a suspended sentence for 2 years (the sentence on August 12, 2015; and (b) the Defendant was a non-licensed driver).

In determining the term of punishment, all the factors revealed in the instant case including the Defendant’s age, sexual conduct, home environment, background or motive leading up to committing the crime, and circumstances after committing the crime, other than the above unfavorable circumstances (such as the point of view that the criminal was committed in the course of investigation) and other favorable circumstances.