[criminal power] On January 25, 2002, the Defendant issued a summary order of KRW 700,000,000 for the crime of violation of the Road Traffic Act at the Cheongju District Court on September 6, 2002, the summary order of KRW 1.5 million for the same crime at the same court on September 6, 2002, the summary order of KRW 700,000 as a fine for the same crime in the same court on November 30, 206, the summary order of KRW 7 million was issued for the same crime in the same court on May 8, 2014, and on February 21, 2019, the Defendant filed an appeal of suspension of the execution of the sentence of KRW 2 years for the same crime in the same court on February 21, 2019, and is pending in the appellate trial.

【Criminal Facts】

On May 14, 2019, at around 23:30, the Defendant driven a D body-man car without a driver’s license, while under the influence of alcohol concentration of approximately 0.146%, on a road of about 6 km from B to C of the same Gu in the direction of the Gu.

As a result, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol without a license, in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, circumstantial statement, field map and map indication;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), each summary order, investigation reports (verification of judgment), and application of statutes of the judgment;

1. Article 148-2(1)1, Article 44(1), Article 152 subparag. 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) regarding the crime

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

1. The Defendant had six times the same history as the Defendant had the reason for sentencing the sentence of selective imprisonment, including the history of probation, and the court of appeal was proceeding with the decision of the same suspended sentence. The Defendant had taken the full view of the law leading to the instant crime.

The details of the drinking driving made by the accused and the age, character and conduct, intelligence and environment of the accused, and relationship with the victim.