[criminal power] On July 18, 2008, the Defendant was issued a summary order of 1.5 million won with a fine for a violation of the Road Traffic Act at the Suwon District Court on July 18, 2008, and on May 30, 2018, the Defendant was sentenced to imprisonment for 6 months with prison labor for a violation of the Road Traffic Act (driving) and one year of suspended sentence and the above judgment became final and conclusive on June 8, 2018.

【Criminal Facts】

On September 4, 2019, the Defendant, as a person who had driven at least once, once again, driven a vehicle with approximately 4 km from the road near Pyeongtaek-si, 00:09 to the front of the underground parking lot for B apartment in Ansan-si, without obtaining a driver’s license, and driven a vehicle with approximately 0.147% alcohol level while under the influence of alcohol level 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "non-licensed driving" in this Article), subparagraph 1 of Article 152, and Article 43 concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

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’s mistake is repented and reflected, and that the Defendant is commuting to and from work by means of public transportation at present, there are no circumstances that can be considered favorable to the Defendant.

However, it is necessary to strictly punish the drunk driving because it is a very high risk of infringing the life and property of others as well as itself.

The defendant has been sentenced to three times a fine due to driving without a license (208, 2009, and 2018).