[criminal history] On December 12, 2009, the Defendant received a summary order of a fine of two million won or more for a crime of violating road traffic laws at the Seoul Southern District Court on December 12, 2009. On April 22, 2015, the Defendant received a summary order of a fine of two million won or more for the same crime from the same court on April 22, 2015.

[2] On June 30, 2018, the Defendant, without obtaining a driver’s license, driven a D-Wz car while under the influence of alcohol of approximately 0.075% of alcohol concentration in the 2km section from the Do adjacent to the pressure-dong, Gangnam-gu Seoul Metropolitan Government to the front road in Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. The history of measuring alcohol and the driver's license register of vehicles;

1. Previous convictions in judgment: (A) an inquiry letter, and the application of Acts and subordinate statutes on investigation reports (reports attached to summary orders);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of driving (see, e.g., Supreme Court Decision 2009; Supreme Court Decision 2009Do1448, Apr. 1, 2009; Supreme Court Decision 2009Do1489, Apr. 2, 2009) is that the Defendant had the record of being punished for driving under the influence of alcohol (see, e.g., Supreme Court Decision 2009Do1388, Apr. 2, 2009).

The defendant shall be sentenced to imprisonment and shall be detained in the court.

However, the punishment shall be determined in consideration of the reflective points, etc.