【The Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on May 28, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on October 4, 2010, respectively. On August 20, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on August 20, 2014. On April 18, 2017, the same court was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (refluence of drinking), and was released as a decision of revocation of detention on August 14, 2017 during the remaining detention. The above judgment became final and conclusive on August 7, 2017.

【Defendant Appellant was a person who has been punished twice or more for the crime of violating the Road Traffic Act (drinking) and operated a vehicle with approximately 20km-type truck without obtaining a driver’s license in the section of about 0.226% of alcohol content in G Hyundai 4.5 tons, without obtaining a driver’s license, from the front side of the C Community Center located in Seo-nam, Seocheon-gun, Chungcheongnam-gun, Seoul to the front side of the same military E through the road in front of the same military E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Reports on each traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, report on investigation (in the case of this case, the fact that the crime is a repeater during the period of a repeated crime), and

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.