[criminal power] The defendant was sentenced to a fine of five million won for the violation of the Road Traffic Act in the Seog Branch of the Daegu District Court on March 28, 2008, and was sentenced to a fine of five million won for the violation of the Road Traffic Act. On September 4, 2008, in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 4, 2008, five times the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act, such as a crime of violation of the Road Traffic Act (driving), and on January 17, 2013, the defendant was sentenced to imprisonment of eight months for the obstruction of performance of official duties and the violation of the Road Traffic Act (Refusal of measurement) with respect to the violation of the Road Traffic Act.

9. 15. The enforcement of the sentence was terminated in the Daegu Prison.

【Criminal Facts】

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, at around 01:20 on May 23, 2014, the Defendant driven a Cgner vehicle from the section of about 100 meters from the front of the alumni restaurant in Daegu-gu, Nowon-gu, Nowon-gu, Nowon-gu, Seoul-gu, with the alcohol content of 0.163% under the influence of alcohol without obtaining a driver’s license. < Amended by Act No. 1271, May 23, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the state of his/her oral statement, and inquiry into the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, investigation reports (in addition to judgments, etc. and confirmation reports on the date of release from the military court) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

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 discretionary mitigation is that the Defendant was punished five times due to drunk driving, and the Defendant again committed the instant crime without being aware of the fact that he/she was in the period of repeated crime due to the violation of the Road Traffic Act.

However, the defendant is wrong.