[Criminal Power] On January 17, 2019, the Defendant was sentenced to a suspended sentence of three years on January 25, 2019 by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving).

In addition, on October 24, 2011 and June 7, 2011, the Defendant violated the prohibition of drunk driving by receiving a fine of KRW 4 million and a summary order of KRW 3 million, respectively, from the Incheon District Court for the violation of the Road Traffic Act.

【Criminal Facts】

On August 10, 2019, at around 17:10, the Defendant driven an E liquid sports cargo vehicle in approximately 150 meters from the roads adjacent to Gwangju Northerndong B Apartment to the roads adjacent to the said apartment Ddong, without obtaining a driving license, while under the influence of alcohol concentration of 0.26%, while under the influence of alcohol concentration of 0.26%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Criminal records: An inquiry letter, each summary order, and application of court rulings or statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 (hereinafter referred to as “the reason for sentencing”) is that the defendant had the record of being punished several times of drinking driving as stated in the judgment of the court of the crime, and most of all, it has been finalized after being sentenced to a suspended sentence due to driving under the influence of alcohol, and thus, the defendant was engaged in driving under the influence of alcohol without a license during the suspended sentence and the amount of blood alcohol concentration (0.266%) is very high.