【Criminal Power】 On April 16, 2014, the Defendant was issued a summary order of KRW 4 million at the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 5 million at the same court on November 11, 2014, respectively.

【Criminal Facts】

1. On September 17, 2018, the Defendant: (a) around 18:40 on September 17, 2018, driven an E-Poter Cargo with approximately KRW 100 meters distance from C in the Duyang-gun B to D Gocoon; and (b) without obtaining a driver’s license, driven an E-Poter Cargo with a blood alcohol concentration of at least 0.131% under the influence of alcohol.

2. The Defendant, on September 19, 2018, driven a E-Poter cargo vehicle under the influence of alcohol content of 0.087% without a driver’s license, in a section of approximately 150 meters from 08:00 to 150 meters from 150 meters from 08:00 to C.

As a result, the Defendant, without a driver’s license, once or more of the Regulations on Prohibition of Drinking (Article 44(1) of the Road Traffic Act) was a person who violated the Regulations on Prohibition of Driving Motor Vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the results of the drinking driving control;

1. The circumstantial statement of each host driver;

1. Inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: the Defendant was a previous criminal record before the instant case, which was judged as drinking or driving without a license.