On March 30, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's branch court, on December 22, 2010, a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) from the Seoul Northern District Court's Seoul Northern District Court on December 22, 201, and on September 14, 2018, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Ulsan District Court.

On November 19, 2019, the Defendant, without obtaining a driver’s license at around 21:19, operated Efranchising vehicles within approximately 500 meters from the front of the Defendant’s dwelling in Ulsan-dong B, Ulsan-gu to the front of the D located in the same Gu C without obtaining a driver’s license at around 0.078% of alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes in Part V, such as a report on the results of crackdown on drinking driving, the register of driver's licenses, and summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Determination of punishment as ordered by taking into account the following circumstances, such as the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the age, character and conduct, the environment of the defendant, and the circumstances after the commission of the crime:

The circumstances at a disadvantage: not only a previous criminal record but also a number of times (three-time driving without a license) and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving without a license) at the Ulsan District Court on September 14, 2018; and on October 31, 2019, when the same court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving without a license) but also received a summary order of KRW 1 million in the same court on October 31, 2019, it is favorable that the person committed the instant drinking without a license within a short period: the fact that the person has committed the instant violation of his/her own mistake and that the level of drinking water is high.