[criminal power] On January 26, 2007, the Defendant was sentenced to imprisonment for five months with prison labor for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on July 27, 2012; two years of probation for six months in the same court; six months of imprisonment with prison labor for the same crime in the same court on November 7, 2014; eight months in the same court on October 26, 2016; the execution of the sentence was completed in the military prison on June 24, 2017; on May 3, 2018; and on December 31, 2018, the Defendant completed the execution of the sentence by a prison on December 31, 2018.

【Criminal Facts】

1. The Defendant, from around 17:30 on October 8, 2019 to around 20:41 on the same day, driven a motor vehicle without obtaining a license for driving a motor vehicle without registration within approximately 8 km section from the Do preceding the Do of Net City, B from around 17:30 on October 8, 2019, to the front parking lot of the Suncheon City, the Defendant was driving a motor vehicle without obtaining a license for driving a motor vehicle.

2. On October 8, 2019, from around 20:40 to 20:41 on the same day, the Defendant violated the Road Traffic Act (driving) stated the facts charged as “0.03% of blood alcohol concentration of at least 0.121%” in a section of about 100 meters from the front of F in the city of Net City to the front parking lot of the Suncheon-si D Apartment-dong, but the facts charged cannot be inferred according to the Fmark formula.

However, considering that the blood alcohol concentration measured after the lapse of 191 minutes after driving reaches 0.142%, while the blood alcohol concentration due to drinking after driving is merely 0.034% even in accordance with the Ramark formula in which the most favorable value for the defendant is charged, and the amount of drinking before driving by the defendant, at least 0.03% of blood alcohol concentration is above 0.03% at the time of driving, and the defendant's right to defend.