[criminal power] On October 7, 2011, the Defendant was issued a summary order of KRW 2 million with the same crime as a fine of KRW 2 million, and a fine of KRW 2 million with the same court on June 23, 2017, respectively, in the original state support of the Chuncheon District Court.

【Criminal Facts】

On January 4, 2020, at around 12:52, the Defendant driven the E- “citter” truck under the influence of alcohol concentration of 0.139% without a vehicle driver’s license at the section of approximately 16 km from the front of the city of Suwon to the road located in the Gangwon-si, and in the front of the “D” road.

As a result, the Defendant, despite the history of punishment for drunk driving, was driving a drunk cargo vehicle while driving a cargo vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Criminal history records, inquiry reports (A), records of the same kind, etc. - seven copies of summary order, and the application of Acts and subordinate statutes of Part I of the list of related cases;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 [The reason for sentencing] is that the defendant reflects the instant crime.

There is a family member to support the accused.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Although the Defendant had been punished on five occasions due to drinking driving and two occasions due to driving without license, the Defendant again committed the instant crime.

This situation is the age, character, conduct, family relationship, environment of the defendant.