On March 22, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act in the Changwon District Court's Musan branch, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act in the same court on April 28, 2020, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act. The judgment on May 7, 2020 became final and conclusive.

On May 21, 2020, at around 07:40, the Defendant driven E-Poter truck under the influence of alcohol content of 0.104% without a vehicle driver’s license on the road of approximately 6km section from the front of the Defendant’s house located in Changwon-si Mhappo-si B to the front of D located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, report on the situation of the driver’s license, report on the status of the driver’s license, and the register of the driver’s license;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (limited to the same type of power, the period of suspended execution), and statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished four times due to drunk driving (including a suspended sentence once), and twice due to a non-licensed driving (including a suspended sentence once). Since it resulted in the instant crime even during the period of suspended execution due to a non-licensed driving, it is necessary to punish the Defendant.

However, the defendant recognizes the facts of crime.

On the following day, alcohol was detected.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.