[Criminal Power] On April 5, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) in a sex support by the Daegu District Court. On April 4, 2013, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act (driving) at the Ansan Branch of the Daegu District Court.

【Criminal Facts】

Although the Defendant had been punished on more than two occasions as stated in the record of the crime record, around September 11, 2014, at around 35, the Defendant started from the front side of the west C house in the Dong-dong city with a blood alcohol concentration of 0.183% under the influence of alcohol without a driver’s license on September 7, 2014, and operated D1t truck from about 5km-dong 3230 meters to the vicinity of the 3230 agricultural product retail store.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and investigation report (Attachment to the register of driver's licenses);

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (Attachment to judgments of the same kind of case) and 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. 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 that the Defendant committed the instant crime at the same time during the suspension period of execution due to the same kind of crime, and the blood alcohol concentration level is considerably high, and it is difficult to be exempted from punishment.

In addition to the above unfavorable circumstances, punishment was determined in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that confession and reflect attitude, and that the judgment becomes final and conclusive, the prior probation becomes void, etc.