[2] On September 12, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (licensed driving) at the Jinwon District Court on September 12, 2013. On May 27, 2016, the Defendant was issued a summary order of KRW 7 million for the same crime at the same court on May 27, 2016. On March 28, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime and on April 5, 2017, and was sentenced to two years of suspended sentence for the same crime on April 5, 2017.

[Criminal facts] On April 2, 2017, the Defendant driven C Poter cargo at the section of about 1.3 km from the Do near the “J trees village hall,” located in the Gyeong-nam-gun, Seocheon-ro, Seocheon-do, Seonam-do, Seocheon-do, under the influence of alcohol leveling 0.260% of the blood alcohol level without obtaining a driver’s license for a motor vehicle on April 2, 2017, to the front road of the “J trees church” located in the same area.

Accordingly, the Defendant, without a driver’s license, violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice, and driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: The reason for sentencing under Article 39(1)- The reason for sentencing under Article 39(3) shall be three days, even though the sentence of a suspended sentence of imprisonment for the same kind of crime is rendered, and the crime is again judged, the violation of the Road Traffic Act by which the judgment becomes final, and the violation of the Road Traffic Act (non-licensed driving)