On January 5, 2012, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on January 5, 2012, and on September 22, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act at the Gwangju District Court on September 2, 2016, and the said judgment became final and conclusive on

On October 18, 2020, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of about 0.128% while under the influence of alcohol level of about 20 meters in front of the 20-meter road of Gwangju Northern-dong apartment C, without a driver's license.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A);

1. Records of the judgment: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect), judgment, and summary order;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) concerning criminal facts, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving under influence of alcohol)

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 (i.e., circumstances, etc. described in the following sentencing grounds) of the Act on the Mitigation of Small Quantity are subject to punishment twice due to a drunk driver who violated Article 44(1) of the Road Traffic Act and one time due to the previous drunk driver.

In particular, on September 2, 2016, 6 months of imprisonment with prison labor and 2 years of suspended sentence were sentenced due to drinking driving on September 2, 2016.

The alcohol concentration level in blood is equivalent to 0.128%, and traffic accidents (physical damage is limited only to physical damage) in the course of driving alcohol.