[Criminal Power] On November 20, 2014, the Defendant, at the Daegu District Court, sentenced the Defendant to the suspension of the execution of the imprisonment for six months due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving). On January 29, 2015, the Defendant was sentenced to the suspension of the execution of the imprisonment for six months in the same court, and was sentenced to the suspension of the execution of the imprisonment for six months or more.

【Criminal Facts】

On June 24, 2016, around 21:50 on June 24, 2016, the Defendant driven an E rocketing car without obtaining a driver’s license in a about 5km section from D Dormitory, Co., Ltd., Ltd., located in Yongcheon-si, to the front day of the Gam Village Studio in the same intersection, and under the influence of alcohol concentration 0.241%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on entrustment of appraisal, and the register of driver's licenses;

1. Division: Application of criminal history records, inquiry reports, investigation reports (former and confirmative Acts and subordinate statutes);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, among others, the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime; and (b) the sentence as ordered.

Unfavorable circumstances: The defendant has been punished several times for the same crime, and the above punishment records include the two suspended sentence sentenced in 2014 and 2015, but they also committed the same crime during the suspended sentence period due to the same crime.

The defendant's blood alcohol concentration is very high.

A favorable normal situation: The defendant again does not commit the same crime, and this is the case.