On June 4, 2010, the Defendant was sentenced to a summary order of KRW 3,00,000 to a fine for a violation of the Road Traffic Act (drinking driving), etc. on the part of the Gwangju District Court, and on November 9, 2018, the Defendant was notified by the same court of a summary order of KRW 4,00,000 to a crime of violating the Road Traffic Act (drinking driving), respectively, and the same court was sentenced to imprisonment for six months for a violation of the Road Traffic Act (dacting driving) and two years for a suspended sentence on June 12, 2020, and the said judgment became final and conclusive on June 12, 202

Criminal facts

On September 11, 2020, around 13:40, the Defendant driven a E-car with alcohol content of about 49.1km from the front side of Seo-gu, Seo-gu, Gwangju to the front side of D in Young-gun C without obtaining a driver's license from approximately 49.1km to the front side of D, Young-gun, Seo-gu, Seoul, and driving a E-car with alcohol content of about 0.057%.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. The defendant's report on the circumstances of the driver who takes charge of making the oral statement;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a confirmation of the identity of the suspect during the same criminal history and the grace period);

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment: The defendant had a total of eight times of punishment due to non-licensed driving or drinking driving, and the defendant was sentenced to a suspended sentence due to non-licensed driving, and there has been no long time to commit the instant crime again during the suspended sentence.

At the time, the risk seems to be high considering the defendant's behavior as the driver behavior.

The favorable circumstances: The defendant recognizes a crime.