[criminal power] On January 18, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and on November 13, 2008, received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court on November 13, 2008, and on April 23, 2009, sentenced to a fine of KRW 5 million at the Gwangju District Court on April 23, 2009, and issued a summary order of KRW 3 million as a result of a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on June 26, 2009, and the judgment becomes final and conclusive during the suspended execution period as of October 27, 2017.

【Criminal Facts】

On October 22, 2018, at around 04:49, the Defendant driven a DNA car while under the influence of alcohol of about 0.111% of blood alcohol concentration without obtaining a driver's license for approximately 3km section from the 04:49 to the shooting distance near the Yongsandong of Gwangjubuk-gu to the Seoul High School located in the same north-gu B.

As a result, the defendant violated the prohibition clause on drunk driving more than twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the same clause.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. The reason for sentencing of selective sentence of imprisonment with prison labor has many records of punishment for a drunk driving crime as stated in the judgment of the defendant, and one year has passed since the suspended sentence of imprisonment with prison labor became final and conclusive.