[Power of Violation of Article 44(1) of the Road Traffic Act] On July 4, 2014, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million for the same crime at the same court on January 11, 2016, respectively. On June 9, 2020, the Defendant was sentenced to a suspended sentence of imprisonment for one year for the same crime at the same court.

【Criminal Facts】

On October 30, 2020, at around 19:10, the Defendant driven a E-top car under the influence of alcohol concentration of 0.241% without obtaining a driver’s license in the 3km section from the front of Yong-gun, Young-gun to the front of D, located in the same Gun C.

As a result, the Defendant, without obtaining a driver's license, driven a motor vehicle while under influence of alcohol in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports, and statutes;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment is to be imposed because it is inevitable to impose a strict punishment in light of the fact that the punishment was served three times due to the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, but the punishment was served during the period of probation, and that the drinking alcohol level is not somewhat weak.

The sentence is a favorable condition, such as the fact that the crime is recognized and reflected, and the sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime.