[Criminal Power] On March 16, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court. On November 8, 2011, the Defendant was sentenced to a suspended sentence for four months by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On October 13, 2012, the Defendant, without obtaining a driver’s license on October 11, 2012, driven a car with CKan-Pon in the section of approximately 500 meters from the front side of the “Friho-gu, Seo-gu, Seo-gu, Gwangju to the front road of the Gwangju Western elementary school located in the same Dong, while under the influence of alcohol by 0.28% of alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The license ledger;

1. Previous convictions in judgment: Application of the judgment of Gwangju 201 Highest 5357 and criminal records 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. 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 driven a motor vehicle in a very high alcohol level of 0.228% without obtaining a driver's license, and the defendant also caused a traffic accident that shocks the parked vehicle while driving the motor vehicle; the defendant has the record of being punished five times as the same kind of the crime of this case, such as drinking driving, refusal of drinking alcohol measurement, and the crime of unlicensed driving; and the defendant has the record of being punished once a suspended sentence; in particular, even if he has been sentenced to a suspended sentence, he repeats the crime of this case, it is inevitable to punish the defendant.

However, the defendant's mistake is divided and reflected, and the defendant commits the same kind of crime.