[criminal power] On October 5, 2015, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on the grounds of the violation of the Road Traffic Act (driving) and on February 24, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) and on June 24, 2016 at the same court, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 10, 2019, when the Defendant was under the influence of alcohol 0.063% without obtaining a driver’s license on March 10, 2019, the Defendant driven D-benz car at a distance of about 50 meters from around the roads in Busan Shipping Daegu to the roads front of the C hotel in front of the Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Each investigation report (with regard to the circumstantial report on the driver with the driver’s license and the detailed statement of disposition revoking the driver’s license);

1. The driver's license register and the driver's license register;

1. Previous records of judgment: Application of criminal records, investigation reports (previous records and confirmations) and Acts and subordinate 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. Imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is as shown in the judgment of the defendant, and there are three times the past four years in which the defendant was punished for drunk driving, and one of them was sentenced to suspended sentence, and it is inevitable to make the sentence of this case in light of the fact that the defendant was sentenced to suspended sentence, even though he was sentenced to suspended sentence, it is inevitable to make the sentence of this case.

However, the defendant reflects his mistake, and the blood alcohol concentration is relatively low, and it will be actually controlled.