[criminal history] On November 9, 201, the Defendant was issued a summary order of a fine of two million won at the Seoul Central District Court for a crime of violating road traffic laws (drinking driving), and on May 26, 2015, the Defendant was sentenced to a suspended sentence of two years on August 3, 2015 by imprisonment for a crime of violating road traffic laws (drinking driving) at the Seoul Northern District Court, which became final and conclusive on June 3, 2015.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven CUT125XK bicycle under the influence of alcohol 0.147% without obtaining a motor device driver’s license from the 81-4th day of Seongbuk-ro, Seongbuk-gu, Seoul, to the 63rd day of the same Gu rocks, around December 19, 2016, while under the influence of alcohol, Defendant 2 driven CUT125XK bicycle under the influence of alcohol without obtaining a motor device driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (report attached to the same type of force judgment, etc.), text of judgment, summary order (Evidence Records 107-108 pages);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 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. Even though the period of suspension of execution for the same kind of crime for the reason of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount, considering all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc.