[criminal power] On January 22, 2009, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on January 22, 2009, and two years and six months of imprisonment for the same crime in the same court on January 28, 2010, and on March 24, 2017, the Defendant was sentenced to a suspended sentence of two years of imprisonment for the same crime in the same court on March 24, 2017 and was sentenced to a suspended sentence of two years of imprisonment for the same crime on August 19, 2017.

【Criminal Facts】

On September 15, 2018, at around 02:30, the Defendant driven a B Uidi A6-car under the influence of alcohol content 0.169% without obtaining a driver’s license from the section of approximately 2km from September 15, 2018 to the new apartment-distance road located in 45:55, Yansan-si, Hasan-si, Seoul, to the new apartment-distance road located in 45:3-6, Yansan-si.

As a result, the defendant was punished twice or more due to drinking driving, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers, etc. of driver's licenses (detailed details on the revocation of driver's licenses);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (Attachment to a summary order of the same kind of crime) Acts and subordinate statutes;

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. The fact that the crime of the reason for imposing the selective sentence of imprisonment is against the defendant, the family and the surrounding persons appeal their wife against the defendant, the fact that there are children who should support the defendant, the fact that there are no other criminal records except the punishment for traffic-related crimes are favorable sentencing factors, and the defendant has been subject to three times punishment due to drinking driving, etc. before, and in particular, in March 2017.