[criminal power] On February 4, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Sungnam branch of Suwon District Court, and a fine of 1.5 million won for the same crime in the same court on June 12, 2017. On April 19, 2019, the Defendant was sentenced to a suspended sentence for 8 months for a crime of violation of the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

On May 18, 2019, the Defendant, while under the influence of blood alcohol concentration of 0.062% without a driver's license on May 18, 2019, operated a DNA motor vehicle at approximately 50 meters from the vicinity of Seongbuk-gu, Sungnam-si to the front side of Sungnam-si C Apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement of the host driver, response to requests for appraisal, and report on detection of the host driver (A);

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports, and 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. 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, even though he had a record of punishment three times due to a drunk driving, was driving without a license under the influence of alcohol during the suspension period of imprisonment due to the same criminal act.

In particular, the possibility of criticism is greater in that the crime of this case was committed since the judgment of suspension of execution became final and conclusive.

However, at the time of the driving of the instant case, the blood alcohol concentration of the Defendant is not high, the driving distance is not long, the Defendant recognized the crime and reflected, and support alone.