[criminal power] On March 27, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act; on March 12, 2013, the same court issued a summary order of KRW 1.5 million to a fine for the same crime; on October 29, 2014, the same court issued a summary order of KRW 5 million to a fine for the same crime; on October 8, 2014, the same court issued a summary order of KRW 6 million to a fine for the same crime; and on February 7, 2018, the same court was sentenced to a suspended sentence of two years for the same crime.

【Criminal Facts】

On November 28, 2019, at around 00:53, the Defendant, without obtaining a driver’s license, driven a Dcom-sports cargo vehicle under the influence of alcohol leveling of about 0.113% in the section of approximately 1km from the bus terminal near the city bus terminal located in the jurisdiction of Suwon-si to the front day of the restaurant located in the same city.

As a result, the Defendant committed a non-licensed driving, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Registers of driver's licenses;

1. Records before judgment: The application of inquiry reports on criminal records, etc., amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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

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

1. Selection of imprisonment or imprisonment with prison labor;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act (the favorable circumstances considered as the reason for sentencing below) is that the defendant recognized the crime of this case, that the defendant's family and branch members are clearly related to social ties, and that there is no record of punishment exceeding the suspended sentence of imprisonment, is the circumstances favorable to the defendant.

(b).