On June 28, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle, driven the said motor vehicle at a section of approximately 50cm by driving DSS5 motor vehicle in front of the Gyang-si cafeteria, “C” cafeteria, while under the influence of alcohol of 0.05% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. The reason for sentencing selective sentence of imprisonment with prison labor and the distance from driving without obtaining a license are shorter, and considering favorable circumstances, such as the defendant's opposition to wrong sentencing;

On the other hand, the defendant's previous convictions of drinking, one time before refusing to measure drinking (limited to driving without a license), and two times before driving without a license, and the defendant commits the crime of this case even though he/she is under suspension of execution due to non-licenseing or refusing to measure drinking, considering the circumstances unfavorable to him/her.

In addition, the sentencing conditions, such as the defendant's age, family environment, the same criminal record and the distance between the criminal records of this case, the defendant's blood alcohol level at the time of committing the crime, and the circumstances after committing the crime, shall be determined as ordered.