On March 7, 2016, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 7, 2016, and on June 2, 2017, the same court was sentenced to a suspended sentence of imprisonment for six months for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on June 10, 2017.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on February 1, 2019, at around 20:27, the Defendant driven a B-wing truck under the influence of alcohol with a blood alcohol concentration of 0.064%, without obtaining a driver’s license, from the construction site located in a non-fluoral area of Pyeongtaek-gu, Pyeongtaek-gun (hereinafter referred to as the “Seoul-si”) to about 10-34 km-gu, Pyeongtaek-gun, Pyeongtaek-gun, Pyeongtaek-si from the construction site to the 3km-gu, Pyeongtaek-gun, Pyeongtaek-gun, Pyeongtaek-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. An inquiry into the enemy, the driver's license ledger, etc.;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), written judgments, and application of Acts and subordinate statutes to investigation reports (case of change of criminal facts);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The defendant who was sentenced to punishment was punished by around 2002, around 2003, around 2005, around 2014, around 2015, around 2015, each violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver) around 2016, and around 2017, he was punished by imprisonment for six months as stated in the facts constituting a crime.