On April 9, 2018, the Defendant, without a driver’s license, driven a motor vehicle of 0.179% alcohol level in blood while driving a motor vehicle of crane at the point where it is located in Seocheon-dong, Seoul, the outer circular road of 87 km-do, Seoul, and the middle-dong IIC at the point where it is located in Seocheon-dong, Incheon, Gyeyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of regulating drinking driving, inquiry of the results of regulating drinking driving, and application of Acts and subordinate statutes of the report on the circumstances of drinking drivers;

1. Article 148-2 (2) 2 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 (non-licensed driving)

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

1. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following conditions of sentencing, including the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, under the grounds for sentencing of alternative sentence of imprisonment, and the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant has already been punished several times due to drinking driving, unlicensed driving, etc.

Finally, on January 10, 2017, the Incheon District Court was sentenced to a fine of KRW 7 million in consideration of the period of suspension of execution, and the prosecutor appealed and was sentenced to the dismissal of appeal on October 18, 2017 at the appellate court that was conducted by the prosecutor.

In the appellate court's decision, it is difficult to expect the defendant to open the criminal defendant's awareness of compliance if the defendant leads to an additional crime, such as driving without a license or driving of alcohol, driving of human resources, or escape after physical traffic accidents, considering the fact that there are many criminal records and criminal records about various crimes such as drinking, driving, etc. even at a relatively young age, and the nature of the crime of this case is not good.

Considering that it is inevitable to punish severe punishment.

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