[criminal power] On December 5, 2006, the Defendant received a summary order of a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court’s net support, etc. On December 3, 2009, the Defendant received a summary order of a fine of two million won for the same crime in the same court on December 3, 2009, and issued a summary order of a fine of three million won due to the same crime in the same court on December 26, 2011, and on May 24, 2012, the Defendant was sentenced to a summary order of a fine of three million won for the same crime, etc. at the same court on May 24, 2012.

【Criminal Facts】

On August 10, 2015, at around 15:45, the Defendant driven D class III cargo vehicles under the influence of alcohol 0.096% of alcohol concentration without obtaining a driver’s license from around 100 meters away from the front day of the Puyang Fisheries, which is in the Chin Dolin-si, to the front day of the Chinyang branch in the same Ri.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Inspection of the results of the crackdown on drinking driving ( August 10, 2015);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 (hereinafter referred to as the grounds for sentencing) is that there are circumstances to be considered by the defendant in the circumstances leading to the instant crime, the distance of operation is not clear, and the fact that the defendant led to the instant crime, etc. is favorable.