[criminal power] On June 26, 2006, the Defendant was issued a summary order of 3.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On July 10, 2007, the Defendant was sentenced to a suspended sentence of 6 months for the same crime in the same court. On October 2, 2014, the Defendant was sentenced to a suspended sentence of 6 months for the same crime.

【Criminal Facts】

The Defendant, without obtaining a driver’s license, violated the provision on prohibition of drinking driving more than twice as above, but again, driven a motor vehicle with D, at approximately 200 meters from Liwon-si from Liwon-si B to the front road of the same Gu, while under the influence of alcohol of 0.181% at around 0:44 September 9, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the state of the operation of a motor vehicle;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing of alternative sentence of imprisonment with prison labor lies in driving under the influence of a driver without the license even though the defendant had been punished twice the suspended sentence due to drinking driving, and the degree of blood alcohol concentration is very high.

In this paper, the majority of the crimes have been punished, and even though the court was served with a copy of the indictment and a writ of summons of the defendant, the court was absent without permission on the designated date, and the summons was not ultimately summoned.

In light of the above circumstances, the sentence of sentence against the defendant is inevitable, and the specific term of sentence is not a traffic accident, and the investigation agency recognizes the crime in the criminal investigation agency, etc., which are favorable to the defendant.