[criminal power] On January 3, 2018, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on December 5, 2019, the Defendant was sentenced to a suspended sentence of KRW 1 year for the same crime in the same court, and the said judgment became final and conclusive on December 13, 2019.

【Criminal Facts】

On January 1, 2020, at around 03:30, the Defendant driven a D-hurd vehicle with blood alcohol concentration of about 0.093% without obtaining a driver's license from the front side of Gwangju Mine to the front side of the same Gu, about 1km.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Application of previous convictions and other Acts and subordinate statutes accompanying such judgments;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the criminal records as stated in the judgment of the defendant, but also the defendant committed the crime of drinking without a license, since one month has not passed since the suspended sentence of imprisonment became final and conclusive, etc., the defendant shall be sentenced to imprisonment with prison labor; however, the defendant is recognized to commit the crime; the defendant shall be sentenced to imprisonment with prison labor, taking into account the motive and circumstance of the crime in this case; the circumstances after the crime in this case; the defendant's family relationship; the possibility of recidivism; and various conditions of sentencing as indicated in the oral proceedings, such as the records and arguments, and the possibility