[criminal power] On August 29, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on August 29, 2014. On January 31, 2018, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the Incheon District Court.

【Criminal Facts】

On August 20, 2019, the Defendant, while under the influence of alcohol around 23:48, 0.127% of blood alcohol level, driven a car with a car without a car driver’s license on the roads of approximately eight kilometers from the place near the Bupyeong-gu Incheon Bupyeong-gu Non-Road to the influence B.

As a result, the defendant has been driving in violation of the Road Traffic Act at least twice and at the same time driving without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Criminal history records, summary order, copy of judgment, application of Acts and subordinate statutes to outputs of detailed inquiry in cases;

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

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 a crime in which not only the person himself but also another person's life can be taken, and the nature of the crime is poor. The defendant has been punished four times as a crime of violation of the Road Traffic Act (driving) and one time as a crime of violation of the Road Traffic Act, and the defendant committed the crime of this case during the suspension of execution due to the violation of the Road Traffic Act (driving without a license). The defendant committed the crime of this case even during the suspension of execution due to the violation of the Road Traffic Act, and the defendant escaped without stopping the vehicle when the drinking control was conducted. In light of the above, it is inevitable to sentence the defendant as a sentence.

However, the defendant committed the crime of this case.