[criminal power] On July 23, 2014, the Defendant received a summary order of a fine of seven million won due to a violation of the Road Traffic Act (driving) in the Daejeon District Court's branch court's support on July 23, 2014, and on August 25, 2015, the same court was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) in August 25, 2015, and the suspended sentence becomes final and conclusive on September 2, 2015.

【Criminal Facts】

피고인은 2016. 8. 29. 20:22경 논산시 광석면 율리에 있는 비닐하우스 앞 도로에서부터 논산시 덕지동에 있는 덕지지하차도 앞 도로에 이르기까지 약 5km 구간에서 자동차운전면허를 받지 아니하고 혈중알코올농도 0.212%의 술에 취한 상태로 C 포터∥ 화물차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the results of crackdown on driving under influence of alcohol (Entry No. 4), report on the circumstantial statement of a drinking driver (Entry Record No. 5 pages);

1. Registers of driver's licenses (22 pages of investigation records);

1. Circumstances leading to the investigation report;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (Attachment to criminal records of the same kind as a suspect and written judgments, etc.);

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 Code for discretionary mitigation is not only that the defendant has been punished several times for the same kind of crime, but also that the defendant again commits the crime of this case without being sentenced to a suspended sentence for the same crime.

However, the defendant reflects the mistake, the blood alcohol concentration (0.212%) of the defendant at the time of driving, and other sentencing conditions specified in the pleadings of this case, such as the age, character and conduct, environment, criminal record and criminal record, shall be considered.