On June 3, 2008, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court on June 3, 2008, and was sentenced to a summary order of KRW 5 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on July 1, 2010, and was sentenced to a summary order of KRW 5 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on November 2, 2017.

On June 20, 2019, at around 22:16, the Defendant driven a B-hand motor vehicle while under the influence of alcohol of about 0.118%, without obtaining a driver’s license, at a section of about 20km from the 20km to the front road of the Howon Korea Highway Corporation located in the Dongdaemun-gu Seoul Metropolitan Government Office, which is located in 130 Seo-ro, Seo-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the above provision as a person who has violated the prohibition of drinking without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. License register;

1. Previous records of judgment: Application of attachment Acts and subordinate statutes, such as criminal records, correspondence records, judgment, etc.;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (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 defendant had a record of having been punished several times, including imprisonment with prison labor due to drinking or unlicensed driving even before sentencing of selective sentence of imprisonment is imposed.

In particular, even though the Defendant was under the suspension period of the execution of imprisonment with prison labor sentenced on November 2, 2017 due to drinking driving, the Defendant committed the instant crime that was committed while driving with or without permission for drinking alcohol concentration of 0.118%.

It is necessary to punish the defendant strictly.

(b).