[criminal power] On October 12, 2006, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution for the crimes of violation of the Road Traffic Act at the Daegu District Court, and sentenced to eight months of imprisonment with prison labor and two years of suspension of execution for the same crimes in the Daegu District Court Kimcheon Branch on August 6, 2009. On July 14, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for the same crimes in the Daegu District Court Kimcheon Branch on July 14, 2010. On October 31, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for the same crimes and two years of suspension of execution on November 8, 2018.

【Criminal Facts】

On June 18, 2020, at around 20:27, the Defendant driven a B-hand motor vehicle with a blood alcohol concentration of about 0.065% while under the influence of alcohol without obtaining a driver's license from around 20km-dong 101-1, Yangcheon-si, Kimcheon-dong, to the road adjacent to the Gancheon-gun, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act refers to a relatively low level of blood alcohol concentration in the instant case. However, the Defendant has been punished twice by a fine due to a violation of the Road Traffic Act, three times the suspension of the execution of imprisonment, and one time imprisonment, and the instant crime was committed during the suspension period of the execution of a sentence for the same kind of crime. The instant crime was committed several times, despite the criminal punishment over several times, driving a drinking or non-license without a license, and other circumstances after the crime were committed, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime.