[criminal power] On December 14, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution for a violation of the Road Traffic Act (driving) at the Jeonju District Court on December 14, 2012. On July 10, 2018, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and received a fine of KRW 5 million in total.

【Criminal Facts】

On June 11, 2019, at around 14:57, the Defendant driven a Fwing and three-ton cargo vehicle under the influence of alcohol with about 800 meters alcohol concentration 0.203% while under the influence of alcohol at around 0.203%, without obtaining a driver’s license, from the Do in front of the Jinjin-gu Seoul Metropolitan City to the roads front of the E-gym-type curriculum division located in the same Gu D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice and drives a motor vehicle under the influence of alcohol again without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident (1) and (2), accident site photographs, notification of the results of the drinking driving control, circumstantial statement of a drinking driver, vehicle driving certificate, vehicle driving certificate, black and video CD;

1. Previous convictions: Inquiry reports, investigation reports (Attachment to the accused's rulings, etc.), court rulings, and application of summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The reason for sentencing selective punishment of imprisonment with prison labor is that the defendant recognized his mistake and divided, and that the vehicle has been scrapped is favorable to the defendant.

However, the Defendant committed the instant crime by drinking again while having been punished six times due to the same crime and having revoked his driver's license, and the blood alcohol concentration is high.