[criminal power] On August 23, 2006, the Defendant was issued a summary order of KRW 1,500,000 by a fine for a violation of the Road Traffic Act at the Suwon District Court’s site site on August 23, 2006; on October 1, 2008, the same court issued a summary order of KRW 1 million for the same crime; on January 23, 2014, the same court was sentenced to imprisonment for six months and two years for the same crime; and on February 3, 2014, the said judgment became final and conclusive.

【Criminal Facts】

On January 11, 2014, the Defendant driven a CCo-car under the influence of alcohol with a blood alcohol concentration of 0.107% without obtaining a driver's license from the front side of the Sin-gu Office of Sin-si to the front day of Sin-si, 24:0 Sin-si, Pyeongtaek-si, to the front day of Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Report on the situation of driving without a license, and the driver’s license ledger;

1. Previous records of judgment: Application of criminal records, investigation reports (a confirmation report of the period of suspension of execution of punishment, attachment of copies of judgment, and summary order) and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished by a fine for a drunk driving prior to the instant case, and there is a record of being sentenced to a suspended sentence by an escape vehicle. In addition, it is inevitable to sentence imprisonment with prison labor on the grounds that the Defendant committed the instant crime of drinking and non-licensed driving while being tried for a drunk driving like the facts stated in the judgment.

However, in determining the sentence, the defendant shall commit the crime.