[criminal power] On February 19, 2008, the Defendant was issued a summary order of KRW 4 million on the site of Suwon District Court as a crime of violation of the Road Traffic Act (driving on February 19, 2008) and violation of the Road Traffic Act (Driving without a license), and KRW 2 million on November 9, 2012 on the site of Suwon District Court as a crime of violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

On November 23, 2012, the Defendant, without obtaining a driver’s license at around 16:00, driven C truck at a section of about 350 meters from the front day of a mutually infinite restaurant located in the gold farm in Pyeongtaek-Eup, Bupyeong-si without a driver’s license, to the front day of the Pyeongtaek-gu, Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of driving without a license, a report on the actual state of driving without license, a report on the actual state of driving with a driver with a license, and a report on the actual state of driving with a driver with a license;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, who was sentenced to a fine and a suspended sentence of imprisonment on several occasions due to drunk driving and driving without a license, was again sentenced to a suspended sentence of imprisonment; and (b) the Defendant, on the grounds that the blood alcohol content of the instant case is 0.168% higher than that of the alcohol content, should be sentenced to a sentence of imprisonment.

The defendant's age, character and conduct, occupation and environment, motive and background leading to the crime of this case, the result of the crime, and the circumstances before and after the crime.