[criminal power] On August 22, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On December 26, 2017, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On July 23, 2020, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on July 31, 2020.

【Criminal Facts】

At around 22:40 on August 30, 2020, the Defendant driven a e-manufactured car with a blood alcohol concentration of about 200 meters without obtaining a driver's license from the front of the Dong-gu, Gwangju to the Duser in the same Gu C from around 200 meters to the Duser in the same Gu C.

As a result, the defendant was driving a motor vehicle while under influence without obtaining a driver's license, in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses of motor vehicles reports on de facto statements of drivers;

1. Previous convictions: Application of investigation reports (verification of crimes during the period of suspension of execution of sentence and records of drinking driving);

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a crime of drunk driving, there is a history of punishment of a fine more than once in addition to the sentence of a suspended sentence of imprisonment as stated in the judgment of the court below, the defendant committed the instant crime only one month since he was sentenced to the suspended sentence, the blood alcohol level reaches 0.2%, and the blood alcohol level reaches 0.2%, the defendant shall be sentenced to imprisonment, but the defendant is recognized to commit the instant crime, and the motive for the instant crime.