[criminal power] On July 8, 2013, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 20 million for a violation of the Road Traffic Act, and on March 25, 2014, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On November 10, 2018, at around 04:15, the Defendant driven CK5 vehicles under the influence of alcohol content of about 0.086% without a vehicle driver’s license in a section of approximately one kilometer from the Do near the prosperity intersection located in Ulsan-gu to the front road in Ulsan-gu. B. In other words, the Defendant driven CK5 vehicles without a vehicle driver’s license.

Accordingly, even though the Defendant was punished twice or more for violating the Road Traffic Act, the Defendant driven the said vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is recognized and reflected is favorable to the defendant.

On the other hand, there are two previous convictions, and the previous convictions are two previous convictions, and even after being sentenced to a suspended sentence due to non-licensed driving, the fact that the instant drinking driving and non-licensed driving are again conducted during the suspended sentence is disadvantageous to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the conditions shown in the pleading.