[criminal power] On April 5, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On March 21, 2014, the same court received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 10, 2018, at around 01:41, the Defendant driven Czeman-man’s car under the influence of alcohol concentration of about 0.217% without a car driver’s license at approximately 30km from the 0169km-si, Daegu-gu B market.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Reporting on arrest of a suspect in violation of the Road Traffic Act and an investigation report (report on the situation of a drinking driver);

1. Report on the circumstantial statements of a drinking driver, results of the control of drinking driving, and the register of driver's licenses;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes of two copies of criminal records, reply reports (A) and summary order (Evidence List 13);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The reason for sentencing of selective sentence of imprisonment is that the Defendant had the history of punishing the criminal punishment four times due to drunk driving and unlicensed driving in the past, again repeating the same type of crime, and it seems that the Defendant continued to drive without obtaining the driver's license after the cancellation of the driver's license before the old time, and the blood alcohol concentration of the Defendant at the time of the instant crime is very high to 0.217%.