On June 5, 2018, the Defendant was sentenced to imprisonment for 9 months with prison labor for a violation of the Road Traffic Act in the Changwon District Court Msan Branch on September 5, 2018, and the probation becomes final and conclusive on the 13th of the same month.

On December 24, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on August 9, 2010, a summary order of KRW 1,500,000 as a fine for the same crime in the same court; on May 11, 2017, a summary order of KRW 5 million was issued for the same crime in the Changwon District Court Msan Branch.

On August 29, 2018, at around 22:00, the Defendant driven a DJTA car without obtaining a driving license from around 4km section from the front of the C22:00 Changwon-si, to the front of the Dogsan road, and without obtaining a driving license from around 0.145% of blood alcohol concentration.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and drives the above vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant can have the same criminal records for the reason of sentencing, and even though it is still under the suspension of execution, he again committed the instant crime.

Provided, That this shall not apply to recidivism by disposing of a vehicle against which the defendant is against.