[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on July 6, 2006, and a fine of KRW 2 million for the same crime from the Cheongju District Court’s Chungcheong Branch on December 16, 2010. On September 23, 2016, the same court was sentenced to two years of imprisonment with prison labor for the same crime, and the judgment became final and conclusive on October 1, 2016, and is currently under suspension of execution.

[ 범죄사실] 피고 인은 위와 같이 도로 교통법 제 44조 제 1 항을 2회 이상 위반한 전력이 있음에도, 2017. 9. 4. 21:10 경 충주시 대소원면 대 소원 1길 29, ‘ 터줏대감’ 음식 점 앞 도로에서부터 같은 면 첨단산업 3로 1, ‘ 이류 중앙 교회’ 앞 도로에 이르기까지 약 700m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.072% 의 술에 취한 상태로 D K7 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a person suspected of violating the Road Traffic Act (drinking or unlicensed driving);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The register of chassiss and driver's licenses of motor vehicles;

1. Details of inquiries about management of reports on detection of primary actions;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a Attachment to a summary order, etc. of the same kind of power);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishments provided for in the crimes of violating the Road Traffic Act, which are more severe between each crime and punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, has both led to the confession of the instant crime and reflect in depth.

At the time of the instant crime, the alcohol content of the Defendant’s blood did not amount to 0.072%.

In addition, the defendant is the defendant.