[2019 order 208] [criminal power] The Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act, three years of suspension of execution, etc. in the Seoggu District Court's branch on November 8, 2018, and the above judgment became final and conclusive on the 16th of the same month, and has four times of history of punishment for a violation of Article 44 (1) of the Road Traffic Act.

【Criminal Facts】

On December 14, 2018, at around 04:35, the Defendant driven a Fpoter vehicle owned by E while under the influence of alcohol concentration of about 0.119% at the 6km section from the roads near the Seogu-gu, Daegu to the front of the Daegu-gu D, Seo-gu, without obtaining a driver’s license.

[2019 Highest 211] On December 14, 2018, the Defendant driven a F Poter II truck without a car driver’s license from approximately 3km section from the front of the Defendant’s house located in Daegu Seo-gu, Daegu Seo-gu to the front of the “I” road located in H, Daegu Seo-gu, Daegu Seo-gu.

Summary of Evidence

[2019 Highest 208]

1. Defendant's legal statement;

1. Statement on the results of drinking control, report on the situation of a drinking driver, etc., the driver’s license ledger, and detailed statement of revocation;

1. Vehicles photographs at the time of detection;

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry reports (A), investigation reports (Attachment to summary orders, etc. of suspect-related cases, and confirmation of criminal records under suspended execution), and all of the judgment of related cases [Attachment];

1. Defendant's legal statement;

1. Statement to J police officers;

1. The actual condition survey report;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes governing vehicle damage photographs;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 2019 order 208 of the Road Traffic Act) and the violation of the Road Traffic Act (Article 40 of the Road Traffic Act).