[criminal history] The Defendant was sentenced to a fine of four million won on November 23, 2012 due to a violation of the Road Traffic Act (driving), etc. by the Incheon District Court, and was sentenced to imprisonment for six months and two years of suspended execution on November 25, 2015, and was sentenced to a suspension of execution on December 3, 2015. The judgment became final and conclusive on December 3, 2015.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven CM5 vehicles in the state of alcohol concentration of about 0.123% in blood without a vehicle driver’s license from the portion of approximately 700 meters from the 700-meter crossing to the front road in the Seo-gu Incheon Seo-dong, Incheon, Seo-gu, Seo-gu, Incheon, at around November 4, 2016, in spite of the above violation of Article 44(1)(d) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to such previous decisions, etc.);

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. In light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act include two-time driving criminal records, four-time driving criminal records, and criminal records of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) one time, and the defendant repeats the crime during the period of the same suspended execution, etc., the sentence shall be imposed on the defendant in light of the following:

However, the fact that the defendant bears the child support for the child who is brought up by the divorced wife, and all other factors of sentencing shall be determined as per the disposition.