[criminal history] The Defendant was issued a summary order of a fine of KRW 2 million on July 23, 2007 and December 29, 2010, respectively, for a violation of road traffic law in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court, and was sentenced to imprisonment with prison labor for six months and two years of suspended execution on December 9, 2015 for the same crime in the same court.

[2] Although Defendant 1 was punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 2 driven a B observer car with approximately 2km alcohol concentration of 0.09% without a driver’s license on May 29, 2017 from May 29, 2017 to the roads of Gosi-Eup, Gosi-si, Seoul Special Metropolitan City (139:40) to the roads of the same Eup, Gosi-si, Seoul Special Metropolitan City (139:40) to the roads of DCR, Defendant 1 driven a B observer car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, report on investigation (the confirmation of such past history and report attached to the judgment, 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Reduction of Small Amount of Punishment has a total of five criminal punishments including imprisonment with labor for the same kind of crime.

The Defendant committed the instant crime without being sentenced to imprisonment with prison labor for the same crime and without being sentenced to the suspension of execution.

However, the defendant recognized the crime of this case and reflects it.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.